Harmful communication-minors.

25LSO-0248
2025
STATE OF WYOMING
25LSO-0248
ENGROSSED
3.0

HOUSE BILL NO. HB0189

Harmful communication-minors.

Sponsored by: Representative(s) Lien, Angelos, Brady, Lawley, Lucas, Washut, Webb and Webber and Senator(s) Pearson

A BILL

for

AN ACT relating to crimes and offenses; prohibiting adults from communicating with minors about sexual activity as specified; providing penalties; providing definitions; making conforming amendments; creating a cause of action; specifying applicability; and providing for an effective date.

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

Section 1
.

W.S. 6
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2
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321 is created to read:

6
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2
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321.

Sexual communication with minors; penalties; civil cause of action; social media prohibition.

(a)

As used in this section:

(i)

"Obscene" means any communication that includes any of the following when directed at a minor or purported minor:

(A)

Explicit descriptions of sexual conduct;

(B)

Descriptions of sexual arousal;

(C)

Requests for sexual images or sexual discussions;

(D)

Sexualized descriptions of human bodies or body parts;

(E)

Attempts to normalize sexual contact between adults and minors;

(F)

Behaviors intended to desensitize minors to sexual content inappropriate for the minor's age based on:

(I)

The minor's developmental stage;

(II)

Lack of parental consent or knowledge of the discussions;

(III)

The context of the communication;

(IV)

Any ongoing pattern of sexual content.

(ii)

"Pattern of communication" means two (2) or more separate instances of communication that:

(A)

Are directed toward the same minor or purported minor; and

(B)

May occur across any combination of written, electronic or verbal communication.

(iii)

"Personal sexual gratification" means communication intended to:

(A)

Arouse or appeal to sexual desires;

(B)

Obtain sexual arousal or pleasure;

(C)

Elicit sexual responses or reactions;

(D)

Create or share sexually explicit content;

(E)

Engage in sexually explicit role play.

(b)

Except under circumstances constituting a violation of W.S. 6
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2
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318, a person is guilty of sexual communication with a minor or purported minor if the person is not less than eighteen (18) years old or older and knowingly engages in a pattern of written, electronic or verbal communication:

(i)

With a person less than the age of eighteen (18) years, or a person purported to be less than the age of eighteen (18) years;

(ii)

Except as provided by subsection (h) of this section, where the actor is more than four (4) years older than the victim;

(iii)

Where the communication includes obscene

verbal or written descriptions or obscene images; and

(iv)

When the actor engages in the pattern of communication for the purpose of personal sexual gratification.

(c)

A person convicted under subsection (b) of this section shall be punished as follows:

(i)

A first offense is a felony punishable by imprisonment for not more than five (5) years and a fine of not less than one thousand dollars ($1,000.00) and not more than five thousand dollars ($5,000.00), or both;

(ii)

A second offense is a felony punishable by imprisonment for not more than ten (10) years and a fine of not more than ten thousand dollars ($10,000.00), or both;

(iii)

A third or subsequent offense is a felony punishable by imprisonment for not more than twenty (20) years and a fine of not more than twenty thousand dollars ($20,000.00), or both.

(d)

Persons convicted under this section may be prohibited from using social media during any period of incarceration, probation or parole.

(e)

Persons convicted under this section shall be subject to forfeiture of the devices they used to communicate with minors or purported minors.

(f)

A minor victim, or the minor's parent or legal guardian acting on behalf of the minor, may bring a civil cause of action under this section for damages and any other relief the court deems reasonable. The ability of a parent or legal guardian to bring a civil action on behalf of the minor shall not preclude the minor from bringing an action independently upon reaching the age of majority. This civil cause of action is independent of criminal proceedings and may be brought by the minor or the minor's parent or legal guardian regardless of whether criminal charges have been filed. A civil cause of action under this section shall not be contingent upon a conviction in a criminal case.

(g)

This section shall not apply to any person who communicates or instructs about sexual matters in the course of any age
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appropriate sex education curriculum or program at any church, school, college or university.

(h)

Nothing in this section shall require law enforcement to notify the parent or legal guardian of a minor who reports a violation or is the victim of a violation of this section, or any other connected violation of Wyoming law, if the parent or guardian is alleged to have been a party to the violation or law enforcement believes the parent or guardian will interfere with the investigation.

(j)

This section shall not apply to a minor's spouse if a judge of a court of record in Wyoming has approved the marriage, the minor's parent or legal guardian has provided consent for the marriage, or the minor is emancipated, as specified in W.S. 20
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1
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102(b) through (d).

Section 2.

W.S. 7
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19
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302(g) is amended to read:

7
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19
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302.

Registration of offenders; procedure; verification; fees.

(g)

For an offender convicted of a violation of W.S. 6
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2
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316(a)(i) and (iv),
6
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2
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321,
6
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2
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705, 6
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4
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303(b)(iv) or 6
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4
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304(b) if the victim was a minor, 18 U.S.C. §§ 2252B, 2252C, 2424 and 2425, an offense in another jurisdiction containing the same or similar elements, or arising out of the same or similar facts or circumstances as a criminal offense specified in this subsection or an attempt or conspiracy to commit any of the offenses specified in this subsection, the division shall annually verify the accuracy of the offender's registered address, and the offender shall annually report, in person, his current address to the sheriff in the county in which the offender resides, during the period in which he is required to register.

During the annual in
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person verification, the sheriff shall photograph the offender. Confirmation of the in
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person verification required under this subsection, along with the photograph of the offender, shall be transmitted by the sheriff to the division within three (3) working days.

Any person under this subsection who has not established a residence or is transient, and who is reporting to the sheriff as required under subsection (e) of this section, shall be deemed in compliance with the address verification requirements of this section.

Section 3
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0189