HB0028 • 2024

Interference with parent-child contact.

AN ACT relating to crimes and offenses; establishing the offense of interference with parent-child contact; specifying affirmative defenses; specifying penalties; providing definitions; and providing for an effective date.

Children Crime

Did Not Pass

The latest official action shows that this bill did not move forward in that session.

Sponsor: Judiciary
Last action: 2024-02-12
Official status: inactive
Effective date: 3/1/2024

Plain English Breakdown

Checked against official source text during the last sync.

Law to Protect Parent-Child Visits

The bill proposes a new law that makes it illegal for someone with custody or visitation rights to stop another person from visiting the child, unless there is an immediate danger to the child's safety.

What This Bill Does

Creates a new crime called 'interference with parent-child contact'.
Defines when this crime happens: if someone stops another person from visiting their child without good reason.
Lists reasons why someone might not be guilty of this crime, like protecting the child from danger or if the child is over 14 and leaves on their own.
Sets penalties for breaking this law, including up to six months in jail or a fine.

Who It Names or Affects

Parents with custody or visitation rights
People who might interfere with these visits

Terms To Know

Child Custody Determination: A decision by a court about which parent the child lives with and how often each parent can see the child.
Physical Custody: The right to have the child live with you and make daily decisions for them.

Limits and Unknowns

This bill did not pass in its current session.
It would only apply if it becomes law before July 1, 2024.

Bill History

2024-02-12 House
H Failed Introduction 41-19-2-0-0
2024-01-24 House
H Received for Introduction
2023-12-21 LSO
Bill Number Assigned

Current Bill Text

Read the full stored bill text

24LSO-0046
2024
STATE OF WYOMING
24LSO-0046
Numbered
2.0

HOUSE BILL NO. HB0028

Interference with parent-child contact.

Sponsored by: Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to crimes and offenses; establishing the offense of interference with parent-child contact; specifying affirmative defenses; specifying penalties; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 6
‑
2
‑
205 is created to read:

6
‑
2
‑
205.

Interference with parent
‑
child contact.

(a)

As used in this section:

(i)

"Child custody determination" means as defined by W.S. 20
‑
5
‑
202(a)(iii);

(ii)

"Physical custody" means as defined by W.S. 20
‑
5
‑
202(a)(xiv).

(b)

A person who has been granted physical custody or visitation with a child pursuant to a child custody determination is guilty of interference with parent
‑
child contact if the person willfully prevents or obstructs the rights of another person entitled to physical custody or visitation with the child pursuant to a child custody determination.

(c)

It is an affirmative defense to a prosecution under this section that:

(i)

The action was necessary to preserve the child from an immediate danger to his welfare; or

(ii)

The child was not less than fourteen (14) years old and the child was taken away or was not returned:

(A)

At his own instigation; and

(B)

Without intent to commit a criminal offense with or against the child.

(d)

Interference with parent
‑
child contact is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

Section 2
.

This act is effective July 1, 2024
.

(END)

1
HB0028