State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter2

CHAPTER 2 - OFFENSES AGAINST THE PERSON

 

ARTICLE 1 - HOMICIDE

 

6-2-101. Murder in the first degree; penalty.

 

(a) Whoever purposely and with premeditated malice, or in theperpetration of, or attempt to perpetrate, any sexual assault, sexual abuse ofa minor, arson, robbery, burglary, escape, resisting arrest, kidnapping orabuse of a child under the age of sixteen (16) years, kills any human being isguilty of murder in the first degree.

 

(b) A person convicted of murder in the first degree shall bepunished by death, life imprisonment without parole or life imprisonmentaccording to law, except that no person shall be subject to the penalty ofdeath for any murder committed before the defendant attained the age of eighteen (18) years.

 

(c) A person convicted of murder in the first degree in a casein which the state seeks the death penalty shall be sentenced in accordancewith the provisions of W.S. 6-2-102. In all other cases, including any case inwhich the state has determined not to seek the death penalty at any stage ofthe proceeding, the judge shall determine the sentence of life imprisonmentwithout parole or life imprisonment taking into consideration any negotiatedplea agreement and any evidence relevant to a determination of sentence whichthe court deems to have probative value.

 

6-2-102. Presentence hearing for murder in the first degree;mitigating and aggravating circumstances; effect of error in hearing.

 

(a) Upon conviction of a person for murder in the first degreein a case in which the state seeks the death penalty, the judge shall conduct aseparate sentencing hearing to determine whether the defendant should besentenced to death, life imprisonment without parole or life imprisonment. Thehearing shall be conducted before the judge alone if:

 

(i) The defendant was convicted by a judge sitting without ajury;

 

(ii) The defendant has pled guilty; or

 

(iii) The defendant waives a jury with respect to the sentence.

 

(b) In all other cases the sentencing hearing shall beconducted before the jury which determined the defendant's guilt or, if thejudge for good cause shown discharges that jury, with a new jury impaneled forthat purpose. The jury shall be instructed that if the jury does notunanimously determine that the defendant should be sentenced to death, then thedefendant shall be sentenced to life imprisonment without parole or lifeimprisonment.

 

(c) The judge or jury shall hear evidence as to any matter thatthe court deems relevant to a determination of the sentence, and shall includematters relating to any of the aggravating or mitigating circumstancesenumerated in subsections (h) and (j) of this section. Any evidence which thecourt deems to have probative value may be received regardless of itsadmissibility under the exclusionary rules of evidence, provided the defendantis accorded a fair opportunity to rebut any hearsay statements, and providedfurther that only such evidence in aggravation as the state has made known tothe defendant or his counsel prior to his trial shall be admissible.

 

(d) Upon conclusion of the evidence and arguments the judgeshall give the jury appropriate instructions, including instructions as to anyaggravating or mitigating circumstances, as defined in subsections (h) and (j)of this section, or proceed as provided by paragraph (iii) of this subsection:

 

(i) After hearing all the evidence, the jury shall deliberateand render a sentence based upon the following:

 

(A) Whether one (1) or more aggravating circumstances existbeyond a reasonable doubt as set forth in subsection (h) of this section;

 

(B) Whether, by a preponderance of the evidence, mitigatingcircumstances exist as set forth in subsection (j) of this section; and

 

(C) The mere number of aggravating or mitigating circumstancesfound shall have no independent significance.

 

(ii) The jury shall consider aggravating and mitigatingcircumstances unanimously found to exist, and each individual juror may alsoconsider any mitigating circumstances found by that juror to exist. If the juryreports unanimous agreement to impose the sentence of death, the court shalldischarge the jury and shall impose the sentence of death. If the jury isunable to reach a unanimous verdict imposing the sentence of death within areasonable time, the court shall instruct the jury to determine by a unanimousvote whether the penalty of life imprisonment without parole shall be imposed.If the jury is unable to reach a unanimous verdict imposing the penalty of lifeimprisonment without parole within a reasonable time, the court shall dischargethe jury and impose the sentence of life imprisonment;

 

(iii) In nonjury cases, the judge shall determine if anyaggravating or mitigating circumstances exist and impose sentence within thelimits prescribed by law, based upon the considerations enumerated insubparagraphs (A), (B) and (C) of paragraph (i) of this subsection.

 

(e) The death penalty shall not be imposed unless at least one(1) of the aggravating circumstances set forth in subsection (h) of thissection is found. In nonjury cases the judge shall make such designation. Thejury, if its verdict is a sentence of death, shall designate in writing signedby the foreman of the jury:

 

(i) The aggravating circumstance or circumstances which itunanimously found beyond a reasonable doubt;

 

(ii) The mitigating circumstance or circumstances which itunanimously found by a preponderance of the evidence; and

 

(iii) The mitigating circumstance or circumstances which anyindividual juror found by a preponderance of the evidence.

 

(f) Repealed By Laws 2001, Ch. 96, 3.

 

(g) If the trial court is reversed on appeal because of erroronly in the presentence hearing, the new trial which may be ordered shall applyonly to the issue of punishment.

 

(h) Aggravating circumstances are limited to the following:

 

(i) The murder was committed by a person:

 

(A) Confined in a jail or correctional facility;

 

(B) On parole or on probation for a felony;

 

(C) After escaping detention or incarceration; or

 

(D) Released on bail pending appeal of his conviction.

 

(ii) The defendant was previously convicted of another murder inthe first degree or a felony involving the use or threat of violence to theperson;

 

(iii) The defendant knowingly created a great risk of death totwo (2) or more persons;

 

(iv) The murder was committed while the defendant was engaged,or was an accomplice, in the commission of, or an attempt to commit, or flightafter committing or attempting to commit, any aircraft piracy or the unlawfulthrowing, placing or discharging of a destructive device or bomb;

 

(v) The murder was committed for the purpose of avoiding orpreventing a lawful arrest or effecting an escape from custody;

 

(vi) The murder was committed for compensation, the collectionof insurance benefits or other similar pecuniary gain;

 

(vii) The murder was especially atrocious or cruel, beingunnecessarily torturous to the victim;

 

(viii) The murder of a judicial officer, former judicial officer,district attorney, former district attorney, defending attorney, peace officer,juror or witness, during or because of the exercise of his official duty orbecause of the victim's former or present official status;

 

(ix) The defendant knew or reasonably should have known thevictim was less than seventeen (17) years of age or older than sixty-five (65)years of age;

 

(x) The defendant knew or reasonably should have known thevictim was especially vulnerable due to significant mental or physicaldisability;

 

(xi) The defendant poses a substantial and continuing threat offuture dangerousness or is likely to commit continued acts of criminalviolence;

 

(xii) The defendant killed another human being purposely and withpremeditated malice and while engaged in, or as an accomplice in the commissionof, or an attempt to commit, or flight after committing or attempting tocommit, any robbery, sexual assault, arson, burglary, kidnapping or abuse of achild under the age of sixteen (16) years.

 

(j) Mitigating circumstances shall include the following:

 

(i) The defendant has no significant history of prior criminalactivity;

 

(ii) The murder was committed while the defendant was under theinfluence of extreme mental or emotional disturbance;

 

(iii) The victim was a participant in the defendant's conduct orconsented to the act;

 

(iv) The defendant was an accomplice in a murder committed byanother person and his participation in the homicidal act was relatively minor;

 

(v) The defendant acted under extreme duress or under thesubstantial domination of another person;

 

(vi) The capacity of the defendant to appreciate the criminalityof his conduct or to conform his conduct to the requirements of law wassubstantially impaired;

 

(vii) The age of the defendant at the time of the crime;

 

(viii) Any other fact or circumstance of the defendant's characteror prior record or matter surrounding his offense which serves to mitigate hisculpability.

 

6-2-103. Review of death sentences; notice from clerk of trial court;factors to be considered by supreme court; disposition of appeal.

 

(a) The judgment of conviction and sentence of death is subjectto automatic review by the supreme court of Wyoming within one hundred twenty(120) days after certification by the sentencing court of the entire record,unless the time is extended for an additional period not to exceed sixty (60)days by the supreme court for good cause shown. Such review by the supremecourt shall have priority over all other cases.

 

(b) Within ten (10) days after receiving the transcript, theclerk of the trial court shall transmit the entire record and transcript to thesupreme court of Wyoming together with a notice prepared by the clerk and areport prepared by the trial judge. The notice shall set forth the title anddocket number of the case, the name of the defendant and the name and addressof his attorney, a statement of the judgment, the crime and punishmentprescribed. The report shall be in the form of a standard questionnaireprepared and supplied by the supreme court of Wyoming.

 

(c) The supreme court of Wyoming shall consider the punishmentas well as any errors enumerated by way of appeal.

 

(d) With regard to the sentence, the court shall determine if:

 

(i) The sentence of death was imposed under the influence ofpassion, prejudice or any other arbitrary factor;

 

(ii) The evidence supports the jury's or judge's finding of anaggravating circumstance as enumerated in W.S. 6-2-102 and mitigating circumstances.

 

(iii) Repealed by Laws 1989, ch. 171, 2.

 

(e) In addition to its authority regarding correction oferrors, the court, with regard to review of death sentences, may:

 

(i) Affirm the sentence of death;

 

(ii) Set the sentence aside and impose a sentence of lifeimprisonment without parole, or life imprisonment; or

 

(iii) Set the sentence aside and remand the case forresentencing.

 

6-2-104. Murder in the second degree; penalty.

 

Except as provided in W.S. 6-2-109, whoeverpurposely and maliciously, but without premeditation, kills any human being isguilty of murder in the second degree, and shall be imprisoned in thepenitentiary for any term not less than twenty (20) years, or during life.

 

6-2-105. Manslaughter; penalty.

 

(a) A person is guilty of manslaughter if he unlawfully killsany human being without malice, expressed or implied, either:

 

(i) Voluntarily, upon a sudden heat of passion; or

 

(ii) Involuntarily, but recklessly except under circumstancesconstituting a violation of W.S. 6-2-106(b).

 

(b) Except as provided in W.S. 6-2-109, manslaughter is afelony punishable by imprisonment in the penitentiary for not more than twenty(20) years.

 

6-2-106. Homicide by vehicle; aggravated homicide by vehicle;penalties.

 

(a) Except as provided in subsection (b) of this section, aperson is guilty of homicide by vehicle and shall be fined not more than twothousand dollars ($2,000.00) or imprisoned in the county jail for not more thanone (1) year, or both, if he operates or drives a vehicle in a criminallynegligent manner, and his conduct is the proximate cause of the death ofanother person. Evidence of a violation of any state law or ordinance applyingto the operation or use of a vehicle or to the regulation of traffic, exceptfor evidence of a violation of W.S. 10-6-103, 31-5-233 and 41-13-206, isadmissible in any prosecution under this subsection.

 

(b) A person is guilty of aggravated homicide by vehicle andshall be punished by imprisonment in the penitentiary for not more than twenty(20) years, if:

 

(i) While operating or driving a vehicle in violation of W.S.10-6-103, 31-5-233 or 41-13-206, he causes the death of another person and theviolation is the proximate cause of the death; or

 

(ii) He operates or drives a vehicle in a reckless manner, andhis conduct is the proximate cause of the death of another person.

 

(c) The department of transportation shall revoke the licenseor permit to drive and the nonresident operating privilege of any personconvicted of aggravated homicide by vehicle or of homicide by vehicle.

 

(d) Any person convicted of aggravated homicide by vehicle forcausing the death of another person while operating or driving a vehicle inviolation of W.S. 31-5-233 shall not be issued an ignition interlock restrictedlicense under W.S. 31-5-233 or 31-7-401 through 31-7-404.

 

6-2-107. Criminally negligent homicide.

 

(a) Except under circumstances constituting a violation of W.S.6-2-106, a person is guilty of criminally negligent homicide if he causes thedeath of another person by conduct amounting to criminal negligence.

 

(b) Criminally negligent homicide is a misdemeanor punishableby imprisonment for not more than one (1) year, a fine of not more than twothousand dollars ($2,000.00), or both.

 

6-2-108. Drug induced homicide; penalty.

 

(a) A person is guilty of drug induced homicide if:

 

(i) He is an adult or is at least four (4) years older than thevictim; and

 

(ii) He violates W.S. 35-7-1031(a)(i) or (ii) or (b)(i) or (ii)by unlawfully delivering a controlled substance to a minor and that minor diesas a result of the injection, inhalation, ingestion or administration by anyother means of any amount of that controlled substance.

 

(b) Except as provided in W.S. 6-2-109, drug induced homicideis a felony punishable by imprisonment in the penitentiary for not more thantwenty (20) years.

 

6-2-109. Sentencing enhancement for the homicide of a pregnant womancausing the involuntary termination of the pregnancy.

 

(a) Upon sentencing of a defendant who is convicted of anoffense pursuant to W.S. 6-2-104, 6-2-105 or 6-2-108, if the jury has foundthat the victim was pregnant at the time of the commission of the offense andthat the defendant knew that the victim was pregnant at the time of thecommission of the offense, the court shall impose a sentence as follows:

 

(i) For a conviction of W.S. 6-2-104, imprisonment in thepenitentiary for any term not less than forty (40) years, or during life; or

 

(ii) For a conviction of W.S. 6-2-105 or 6-2-108, imprisonmentin the penitentiary for any term not less than ten (10) years and not more thanthirty (30) years.

 

ARTICLE 2 - KIDNAPPING AND RELATED OFFENSES

 

6-2-201. Kidnapping; penalties; effect of release of victim.

 

(a) A person is guilty of kidnapping if he unlawfully removesanother from his place of residence or business or from the vicinity where hewas at the time of the removal, or if he unlawfully confines another person,with the intent to:

 

(i) Hold for ransom or reward, or as a shield or hostage;

 

(ii) Facilitate the commission of a felony; or

 

(iii) Inflict bodily injury on or to terrorize the victim oranother.

 

(b) A removal or confinement is unlawful if it is accomplished:

 

(i) By force, threat or deception; or

 

(ii) Without the consent of a parent, guardian or other personresponsible for the general supervision of an individual who is under the ageof fourteen (14) or who is adjudicated incompetent.

 

(c) If the defendant voluntarily releases the victim substantiallyunharmed and in a safe place prior to trial, kidnapping is a felony punishableby imprisonment for not more than twenty (20) years.

 

(d) If the defendant does not voluntarily release the victimsubstantially unharmed and in a safe place prior to trial, kidnapping is afelony punishable by imprisonment for not less than twenty (20) years or forlife except as provided in W.S. 6-2-101.

 

6-2-202. Felonious restraint; penalty.

 

(a) A person is guilty of felonious restraint if he knowingly:

 

(i) Restrains another unlawfully in circumstances exposing himto risk of serious bodily injury; or

 

(ii) Holds another in a condition of involuntary servitude.

 

(b) Felonious restraint is a felony punishable by imprisonmentfor not more than five (5) years.

 

6-2-203. False imprisonment; penalties.

 

(a) A person is guilty of false imprisonment if he knowinglyand unlawfully restrains another so as to interfere substantially with hisliberty.

 

(b) False imprisonment is a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both.

 

6-2-204. Interference with custody; presumption of knowledge ofchild's age; affirmative defenses; penalties.

 

(a) A person is guilty of interference with custody if, havingno privilege to do so, he knowingly:

 

(i) Takes or entices a minor from the custody of the minor'sparent, guardian or other lawful custodian; or

 

(ii) Fails or refuses to return a minor to the person entitledto custody.

 

(b) Proof that the child was under the age of majority givesrise to an inference that the person knew the child's age.

 

(c) It is an affirmative defense to a prosecution under thissection that:

 

(i) The action was necessary to preserve the child from animmediate danger to his welfare; or

 

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

 

(A) At his own instigation; and

 

(B) Without intent to commit a criminal offense with or againstthe child.

 

(d) Interference with custody is a felony punishable byimprisonment for not more than five (5) years if:

 

(i) The defendant is not a parent or person in equivalentrelation to the child; or

 

(ii) The defendant knowingly conceals and harbors the child orrefuses to reveal the location of the child to the parent, guardian or lawfulcustodian.

 

(e) Interference with custody which is not punishable undersubsection (d) of this section is a felony punishable by imprisonment for notmore than two (2) years.

 

ARTICLE 3 - SEXUAL ASSAULT

 

6-2-301. Definitions.

 

(a) As used in this article:

 

(i) "Actor" means the person accused of criminalassault;

 

(ii) "Intimate parts" means the external genitalia,perineum, anus or pubes of any person or the breast of a female person;

 

(iii) "Physically helpless" means unconscious, asleepor otherwise physically unable to communicate unwillingness to act;

 

(iv) "Position of authority" means that positionoccupied by a parent, guardian, relative, household member, teacher, employer,custodian or any other person who, by reason of his position, is able toexercise significant influence over a person;

 

(v) "Sexual assault" means any act made criminalpursuant to W.S. 6-2-302 through 6-2-319;

 

(vi) "Sexual contact" means touching, with theintention of sexual arousal, gratification or abuse, of the victim's intimateparts by the actor, or of the actor's intimate parts by the victim, or of theclothing covering the immediate area of the victim's or actor's intimate parts;

 

(vii) "Sexual intrusion" means:

 

(A) Any intrusion, however slight, by any object or any part ofa person's body, except the mouth, tongue or penis, into the genital or analopening of another person's body if that sexual intrusion can reasonably beconstrued as being for the purposes of sexual arousal, gratification or abuse;or

 

(B) Sexual intercourse, cunnilingus, fellatio, analingus oranal intercourse with or without emission.

 

(viii) "Victim" means the person alleged to have been subjectedto sexual assault;

 

(ix) "This article" means W.S. 6-2-301 through6-2-320.

 

6-2-302. Sexual assault in the first degree.

 

(a) Any actor who inflicts sexual intrusion on a victim commitsa sexual assault in the first degree if:

 

(i) The actor causes submission of the victim through theactual application, reasonably calculated to cause submission of the victim, ofphysical force or forcible confinement;

 

(ii) The actor causes submission of the victim by threat ofdeath, serious bodily injury, extreme physical pain or kidnapping to beinflicted on anyone and the victim reasonably believes that the actor has thepresent ability to execute these threats;

 

(iii) The victim is physically helpless, and the actor knows orreasonably should know that the victim is physically helpless and that thevictim has not consented; or

 

(iv) The actor knows or reasonably should know that the victimthrough a mental illness, mental deficiency or developmental disability isincapable of appraising the nature of the victim's conduct.

 

6-2-303. Sexual assault in the second degree.

 

(a) Any actor who inflicts sexual intrusion on a victim commitssexual assault in the second degree if, under circumstances not constitutingsexual assault in the first degree:

 

(i) The actor causes submission of the victim by threatening toretaliate in the future against the victim or the victim's spouse, parents,brothers, sisters or children, and the victim reasonably believes the actorwill execute this threat. "To retaliate" includes threats ofkidnapping, death, serious bodily injury or extreme physical pain;

 

(ii) The actor causes submission of the victim by any means thatwould prevent resistance by a victim of ordinary resolution;

 

(iii) The actor administers, or knows that someone elseadministered to the victim, without the prior knowledge or consent of thevictim, any substance which substantially impairs the victim's power toappraise or control his conduct;

 

(iv) The actor knows or should reasonably know that the victimsubmits erroneously believing the actor to be the victim's spouse;

 

(v) Repealed By Laws 2007, Ch. 159, 3.

 

(vi) The actor is in a position of authority over the victim anduses this position of authority to cause the victim to submit;

 

(vii) The actor is an employee, independent contractor orvolunteer of a state, county, city or town, or privately operated adult orjuvenile correctional system, including but not limited to jails, penalinstitutions, detention centers, juvenile residential or rehabilitativefacilities, adult community correctional facilities, secure treatmentfacilities or work release facilities, and the victim is known or should beknown by the actor to be a resident of such facility or under supervision ofthe correctional system; or

 

(viii) The actor inflicts sexual intrusion in treatment orexamination of a victim for purposes or in a manner substantially inconsistentwith reasonable medical practices.

 

(b) A person is guilty of sexual assault in the second degreeif he subjects another person to sexual contact and causes serious bodilyinjury to the victim under any of the circumstances listed in W.S.6-2-302(a)(i) through (iv) or paragraphs (a)(i) through (vii) of this section.

 

(c) Repealed By Laws 1997, ch. 135, 2.

 

6-2-304. Sexual assault in the third degree.

 

(a) An actor commits sexual assault in the third degree if,under circumstances not constituting sexual assault in the first or seconddegree:

 

(i) Repealed By Laws 2007, Ch. 159, 3.

 

(ii) Repealed By Laws 2007, Ch. 159, 3.

 

(iii) The actor subjects a victim to sexual contact under any ofthe circumstances of W.S. 6-2-302(a)(i) through (iv) or 6-2-303(a)(i) through(vii) without inflicting sexual intrusion on the victim and without causingserious bodily injury to the victim.

 

6-2-305. Repealed By Laws 1997, ch. 135, 2.

 

6-2-306. Penalties for sexual assault.

 

(a) An actor convicted of sexual assault under W.S. 6-2-302through 6-2-304 who does not qualify under the criteria of subsection (b) or (d)of this section shall be punished as follows:

 

(i) Sexual assault in the first degree under W.S. 6-2-302 is afelony punishable by imprisonment for not less than five (5) years nor morethan fifty (50) years;

 

(ii) Sexual assault in the second degree under W.S. 6-2-303 is afelony punishable by imprisonment for not less than two (2) years nor more thantwenty (20) years;

 

(iii) Sexual assault in the third degree under W.S. 6-2-304 is afelony punishable by imprisonment for not more than fifteen (15) years;

 

(iv) Repealed By Laws 1997, ch. 135, 2.

 

(b) An actor who is convicted of sexual assault under W.S.6-2-302 through 6-2-304, who has previously been convicted of any crimecontaining the same or similar elements as the crimes defined in W.S. 6-2-302through 6-2-304 and who does not qualify under the criteria of subsection (d)of this section shall be punished as follows:

 

(i) Repealed By Laws 2007, Ch. 159, 3.

 

(ii) Repealed By Laws 2007, Ch. 159, 3.

 

(iii) Sexual assault in the first or second degree under W.S.6-2-302 or 6-2-303 is a felony punishable by imprisonment for not less thantwenty-five (25) years or for life; or

 

(iv) Sexual assault in the third degree under W.S. 6-2-304 is afelony punishable by imprisonment for not more than twenty (20) years.

 

(c) Repealed By Laws 1997, Ch. 135, 2; 2007, Ch. 159, 3.

 

(d) An actor who is convicted of sexual assault under W.S.6-2-302 through 6-2-304, or sexual abuse of a minor under W.S. 6-2-316 through6-2-317, shall be punished by life imprisonment without parole if the actor hastwo (2) or more previous convictions for any of the following designatedoffenses, which convictions resulted from charges separately brought and whicharose out of separate occurrences in this state or elsewhere:

 

(i) A crime defined in W.S. 6-2-302 through 6-2-304 or acriminal statute from another jurisdiction containing the same or similarelements as a crime defined by W.S. 6-2-302 through 6-2-304.

 

(ii) Repealed By Laws 1997, ch. 135, 2.

 

(iii) Repealed By Laws 2007, Ch. 159, 3.

 

(e) An actor who is convicted of sexual abuse of a minor underW.S. 6-2-314 or 6-2-315 shall be punished by life imprisonment without paroleif the actor has one (1) or more previous convictions for a violation of W.S.6-2-302 through 6-2-304, 6-2-314 or 6-2-315, or a criminal statute containingthe same or similar elements as the crimes defined by W.S. 6-2-302 through6-2-304, 6-2-314 or 6-2-315, which convictions resulted from charges separatelybrought and which arose out of separate occurrences in this state or elsewhere.

 

6-2-307. Evidence of marriage as defense.

 

(a) The fact that the actor and the victim are married to eachother is not by itself a defense to a violation of W.S. 6-2-302(a)(i), (ii) or(iii) or 6-2-303(a)(i), (ii), (iii), (vi) or (vii).

 

(b) Consent of the victim is not a defense to a violation ofW.S. 6-2-303(a)(vii) or 6-2-304(a)(iii).

 

6-2-308. Criminality of conduct; victim's age.

 

(a) Except as provided by subsection (b) of this section, ifcriminality of conduct in this article depends on a victim being under sixteen(16) years of age, it is an affirmative defense that the actor reasonablybelieved that the victim was sixteen (16) years of age or older.

 

(b) If criminality of conduct in this article depends upon avictim being under twelve (12) years or under fourteen (14) years, it is nodefense that the actor did not know the victim's age, or that he reasonablybelieved that the victim was twelve (12) years or fourteen (14) years of age orolder, as applicable.

 

6-2-309. Medical examination of victim; costs; use of report; minors;rights of victims; reimbursement.

 

(a) A law enforcement agency receiving a report of a sexualassault may, with the victim's consent, arrange for an examination of thevictim by a licensed health care provider acting within the scope of theprovider's practice. The examination may include a medical examination andtreatment, evidence collection and evaluation, and appropriate referrals forfollow-up treatment and services. Upon consent of the victim to release of theresults of the examination, the evidence, record and reports shall be deliveredto the law enforcement agency.

 

(b) Repealed By Laws 2006, Chapter 77, 2.

 

(c) Repealed by Laws 1991, ch. 130, 2.

 

(d) Repealed By Laws 2006, Chapter 77, 2.

 

(e) If a report of a sexual assault is received from a minorvictim, and the parents or guardian of the minor cannot be located promptlywith diligent effort, the examination provided for by subsection (a) of thissection may be conducted with the minor's consent. If a report of a sexualassault is received alleging a minor as the victim and a parent or guardian isthe suspected perpetrator, the parent or guardian who is the suspectedperpetrator shall not be notified pursuant to this section.

 

(f) Repealed By Laws 2006, Chapter 77, 2.

 

(g) Except as provided by subsection (j) of this section, thecosts of any examination relating to the investigation or prosecution of asexual assault shall be billed to and paid by the investigating lawenforcement agency. These examination costs shall include the following:

 

(i) The cost of gathering evidence; and

 

(ii) Any other examinations authorized by law enforcement to aidin the investigation and prosecution of the sexual assault.

 

(h) Except as provided by subsection (j) of this section, anyexamination costs directly incurred by a sexual assault victim that are notcovered by subsection (g) of this section, or other collateral source, shall besubmitted to the victim services division within the office of the attorneygeneral for determination of eligibility for payment from the crime victimscompensation account established by W.S. 1-40-114. All requests forcompensation from the account shall be subject to the eligibility guidelinesset forth in the Crime Victims Compensation Act, W.S. 1-40-101 through1-40-119.

 

(j) A convicted offender of a sexual assault shall be orderedto reimburse any costs incurred under subsections (g) and (h) of this sectionand any other costs incurred as a direct result of the sexual assault.

 

(k) Each victim reporting a sexual assault shall be informed ofthe rights enumerated in this section, the victim's rights to informed consentand the victim's rights as a victim of crime. The victim shall also beinformed of available medical, legal and advocacy services.

 

(m) The examinations authorized by this section shall remainconfidential healthcare information unless the victim or the victim's parent orlegal guardian executes a release of medical information for the purpose ofprosecution to the county attorney, the state of Wyoming or any relevant court.However, if the report of sexual assault described in subsection (a) of thissection results in the filing against any person of a criminal charge, or thefiling of a petition alleging a delinquent act which would be a felony ifcommitted by an adult, the written report disclosing the results of anexamination made pursuant to this section shall be made available to the personcharged or his counsel upon demand.

 

6-2-310. Repealed By Laws 2009, Ch. 18, 2.

 

 

6-2-311. Corroboration unnecessary.

 

Corroborationof a victim's testimony is not necessary to obtain a conviction for sexualassault.

 

6-2-312. Evidence of victim's prior sexual conduct or reputation;procedure for introduction.

 

(a) In any prosecution under this article or for any lesserincluded offense, if evidence of the prior sexual conduct of the victim,reputation evidence or opinion evidence as to the character of the victim is tobe offered the following procedure shall be used:

 

(i) A written motion shall be made by the defendant to thecourt at least ten (10) days prior to the trial stating that the defense has anoffer of proof of the relevancy of evidence of the sexual conduct of the victimand its relevancy to the defense;

 

(ii) The written motion shall be accompanied by affidavits inwhich the offer of proof is stated;

 

(iii) If the court finds the offer of proof sufficient, the courtshall order a hearing in chambers, and at the hearing allow the questioning ofthe victim regarding the offer of proof made by the defendant and otherpertinent evidence;

 

(iv) At the conclusion of the hearing, if the court finds thatthe probative value of the evidence substantially outweighs the probabilitythat its admission will create prejudice, the evidence shall be admissiblepursuant to this section. The court may make an order stating what evidence maybe introduced by the defendant, which order may include the nature of thequestions to be permitted.

 

(b) This section does not limit the introduction of evidence asto prior sexual conduct of the victim with the actor.

 

(c) Any motion or affidavit submitted pursuant to this sectionis privileged information and shall not be released or made available forpublic use or scrutiny in any manner, including posttrial proceedings.

 

6-2-313. Sexual battery.

 

(a) Except under circumstances constituting a violation of W.S.6-2-302 through 6-2-304, 6-2-314 through 6-2-317 or 6-2-502, an actor whounlawfully subjects another person to any sexual contact is guilty of sexualbattery.

 

(b) Sexual battery is a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both.

 

6-2-314. Sexual abuse of a minor in the first degree; penalties.

 

(a) An actor commits the crime of sexual abuse of a minor inthe first degree if:

 

(i) Being sixteen (16) years of age or older, the actorinflicts sexual intrusion on a victim who is less than thirteen (13) years ofage;

 

(ii) Being eighteen (18) years of age or older, the actorinflicts sexual intrusion on a victim who is less than eighteen (18) years ofage, and the actor is the victim's legal guardian or an individual specified inW.S. 6-4-402;

 

(iii) Being eighteen (18) years of age or older, the actorinflicts sexual intrusion on a victim who is less than sixteen (16) years ofage and the actor occupies a position of authority in relation to the victim.

 

(b) Except as provided in subsection (c) of this section, aperson convicted under subsection (a) of this section is subject toimprisonment for not more than fifty (50) years, unless the person convictedqualifies under W.S. 6-2-306(e).

 

(c) A person convicted under paragraph (a)(i) of this section,where the actor is at least twenty-one (21) years of age, is subject toimprisonment for not less than twenty-five (25) years nor more than fifty (50)years, unless the person convicted qualified under W.S. 6-2-306(e).

 

6-2-315. Sexual abuse of a minor in the second degree; penalties.

 

(a) Except under circumstance constituting sexual abuse of aminor in the first degree as defined by W.S. 6-2-314, an actor commits thecrime of sexual abuse of a minor in the second degree if:

 

(i) Being seventeen (17) years of age or older, the actorinflicts sexual intrusion on a victim who is thirteen (13) through fifteen (15)years of age, and the victim is at least four (4) years younger than the actor;

 

(ii) Being sixteen (16) years of age or older, the actor engagesin sexual contact of a victim who is less than thirteen (13) years of age;

 

(iii) Being eighteen (18) years of age or older, the actorengages in sexual contact with a victim who is less than eighteen (18) years ofage and the actor is the victim's legal guardian or an individual specified inW.S. 6-4-402; or

 

(iv) Being eighteen (18) years of age or older, the actorengages in sexual contact with a victim who is less than sixteen (16) years ofage and the actor occupies a position of authority in relation to the victim.

 

(b) A person convicted under subsection (a) of this section issubject to imprisonment for not more than twenty (20) years, unless the personconvicted qualifies under W.S. 6-2-306(e).

 

6-2-316. Sexual abuse of a minor in the third degree.

 

 

(a) Except under circumstance constituting sexual abuse of aminor in the first or second degree as defined by W.S. 6-2-314 and 6-2-315, anactor commits the crime of sexual abuse of a minor in the third degree if:

 

(i) Being seventeen (17) years of age or older, the actorengages in sexual contact with a victim who is thirteen (13) through fifteen(15) years of age, and the victim is at least four (4) years younger than theactor;

 

(ii) Being twenty (20) years of age or older, the actor engagesin sexual intrusion with a victim who is either sixteen (16) or seventeen (17)years of age, and the victim is at least four (4) years younger than the actor,and the actor occupies a position of authority in relation to the victim;

 

(iii) Being less than sixteen (16) years of age, the actorinflicts sexual intrusion on a victim who is less than thirteen (13) years ofage, and the victim is at least three (3) years younger than the actor; or

 

(iv) Being seventeen (17) years of age or older, the actorknowingly takes immodest, immoral or indecent liberties with a victim who isless than seventeen (17) years of age and the victim is at least four (4) yearsyounger than the actor.

 

(b) A person convicted under subsection (a) of this section issubject to imprisonment for not more than fifteen (15) years.

 

(c) A person charged with violating the provisions of paragraph(a)(iii) of this section shall be subject to the original jurisdiction of thejuvenile court, except the matter may be transferred to the district courthaving jurisdiction of the offense as provided in W.S. 14-6-237.

 

6-2-317. Sexual abuse of a minor in the fourth degree.

 

(a) Except under circumstance constituting sexual abuse of aminor in the first, second or third degree as defined by W.S. 6-2-314 through6-2-316, an actor commits the crime of sexual abuse of a minor in the fourthdegree if:

 

(i) Being less than sixteen (16) years of age, the actorengages in sexual contact with a victim who is less than thirteen (13) years ofage, and the victim is at least three (3) years younger than the actor; or

 

(ii) Being twenty (20) years of age or older, the actor engagesin sexual contact with a victim who is either sixteen (16) or seventeen (17)years of age, and the victim is at least four (4) years younger than the actor,and the actor occupies a position of authority in relation to the victim.

 

(b) A person convicted under subsection (a) of this section issubject to imprisonment for not more than five (5) years.

 

(c) A person charged with violating the provisions of paragraph(a)(i) of this section shall be subject to the original jurisdiction of thejuvenile court, except the matter may be transferred to the district courthaving jurisdiction of the offense as provided in W.S. 14-6-237.

 

6-2-318. Soliciting to engage in illicit sexual relations; penalty.

 

Except under circumstances constitutingsexual assault in the first, second or third degree as defined by W.S. 6-2-302through 6-2-304, or sexual abuse of a minor in the first, second, third orfourth degree as defined by W.S. 6-2-314 through 6-2-317, anyone who hasreached the age of majority and who solicits, procures or knowingly encouragesanyone less than the age of fourteen (14) years, or a person purported to beless than the age of fourteen (14) years, to engage in sexual intrusion asdefined in W.S. 6-2-301 is guilty of a felony, and upon conviction shall beimprisoned for a term of not more than five (5) years.

 

6-2-319. Names not to be released; restrictions on disclosures orpublication of information; violations; penalties.

 

(a) Prior to the filing of an information or indictment indistrict court charging a violation of an offense under this article, neitherthe names of the alleged actor or the victim of the charged offense nor anyother information reasonably likely to disclose the identity of the victimshall be released or negligently allowed to be released to the public by anypublic employee except as authorized by the judge with jurisdiction over thecriminal charges. The actor's name may be released to the public to aid orfacilitate an arrest.

 

(b) After the filing of an information or indictment indistrict court and absent a request to release the identity of a minor victimby the minor or another acting on behalf of a minor victim, the trial courtshall, to the extent necessary to protect the welfare of the minor victim,restrict the disclosure of the name of the minor victim, unless the name hasbeen publicly disclosed by the parent or legal guardian of the minor or by lawenforcement in an effort to find the victim. The trial court may, to theextent necessary to protect the welfare of the minor victim, restrictdisclosure of the information reasonably likely to identify the minor victim.

 

(c) Any person who willfully violates subsection (a) of thissection is guilty of a misdemeanor and upon conviction shall be fined not morethan seven hundred fifty dollars ($750.00) or be imprisoned in the county jailnot more than ninety (90) days, or both.

 

(d) A release of a name or other information to the public inviolation of the proscriptions of this section shall not stand as a bar to theprosecution of a defendant nor be grounds for dismissal of any charges againsta defendant.

 

(e) As used in this section "minor victim" means aperson less than the age of eighteen (18) years.

 

6-2-320. Prohibited access to school facilities by adult sexoffenders; exceptions; penalties; definitions.

 

(a) Except as provided in subsection (b) of this section, noperson who is eighteen (18) years of age or older who is required to registeras a sex offender pursuant to W.S. 7-19-302 shall:

 

(i) Be upon or remain on the premises of any school building orschool grounds in this state, or upon other properties owned or leased by aschool when the registered offender has reason to believe children under theage of eighteen (18) years are present and are involved in a school activity orwhen children are present within thirty (30) minutes before or after ascheduled school activity;

 

(ii) Knowingly loiter on a public way within one thousand(1,000) feet from the property line of school grounds in this state, includingother properties owned or leased by a school when children under the age ofeighteen (18) years are present and are involved in a school activity or whenchildren are present within thirty (30) minutes before or after a scheduledschool activity;

 

(iii) Be in any vehicle owned or leased by a school to transportstudents to or from school or a school related activity when children under theage of eighteen (18) years are present in the vehicle;

 

(iv) Reside within one thousand (1,000) feet of the property onwhich a school is located, measured from the nearest point of the exterior wallof the registered offender's dwelling unit to the school's property line,except that this paragraph shall not apply if the registered offender'sresidence was established prior to July 1, 2010.

 

(b) The provisions of paragraphs (a)(i) and (ii) shall notapply to the extent the registered offender:

 

(i) Is a student in attendance at the school;

 

(ii) Is attending an academic conference or other scheduledextracurricular school event with school officials present when the registeredoffender is a parent or legal guardian of a child who is participating in theconference or extracurricular event;

 

(iii) Resides at a state licensed or certified facility forincarceration, health or convalescent care that is within one thousand (1,000)feet from the property on which a school is located;

 

(iv) Is dropping off or picking up a child and the registeredoffender is the child's parent or legal guardian;

 

(v) Is temporarily on school grounds during school hours forthe purpose of making a mail, food or other delivery;

 

(vi) Is exercising his right to vote in a public election;

 

(vii) Is taking delivery of his mail through an official postoffice located on school grounds;

 

(viii) Has written permission from the school principal,vice-principal, or person with equivalent authority, to be on the schoolgrounds or upon other property that is used by a school; or

 

(ix) Stays at a homeless shelter or resides at a recoveryfacility that is within one thousand (1,000) feet from the property on which aschool is located if such shelter or facility has been approved for sexoffenders by the sheriff or police chief.

 

(c) Any person who violates the provisions of subsection (a) ofthis section is guilty of a misdemeanor and upon conviction, shall be punishedby imprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both.

 

(d) Nothing in this section shall prevent a school districtfrom adopting more stringent safety and security requirements for employees andnonemployees while they are in district facilities or on district properties.

 

(e) As used in this section:

 

(i) "Extracurricular event" means any schoolsponsored activity that is outside the regular curriculum, occurring during oroutside regular school hours, including academic, artistic, athletic orrecreational activities;

 

(ii) "Registered offender" means a person who iseighteen (18) years of age or older who is required to register as a sexoffender pursuant to W.S. 7-19-302.

 

ARTICLE 4 - ROBBERY AND BLACKMAIL

 

6-2-401. Robbery; aggravated robbery; penalties.

 

(a) A person is guilty of robbery if in the course ofcommitting a crime defined by W.S. 6-3-402 he:

 

(i) Inflicts bodily injury upon another; or

 

(ii) Threatens another with or intentionally puts him in fear ofimmediate bodily injury.

 

(b) Except as provided in subsection (c) of this section,robbery is a felony punishable by imprisonment for not more than ten (10)years.

 

(c) Aggravated robbery is a felony punishable by imprisonmentfor not less than five (5) years nor more than twenty-five (25) years if in thecourse of committing the crime of robbery the person:

 

(i) Intentionally inflicts or attempts to inflict seriousbodily injury; or

 

(ii) Uses or exhibits a deadly weapon or a simulated deadlyweapon.

 

(d) As used in this section "in the course of committingthe crime" includes the time during which an attempt to commit the crimeor in which flight after the attempt or commission occurred.

 

6-2-402. Blackmail; aggravated blackmail; penalties.

 

(a) A person commits blackmail if, with the intent to obtainproperty of another or to compel action or inaction by any person against hiswill, the person:

 

(i) Threatens bodily injury or injury to the property ofanother person; or

 

(ii) Accuses or threatens to accuse a person of a crime orimmoral conduct which would tend to degrade or disgrace the person or subjecthim to the ridicule or contempt of society.

 

(b) Except as provided in subsection (c) of this section,blackmail is a felony punishable by imprisonment for not more than ten (10)years.

 

(c) A person commits aggravated blackmail, a felony punishableby imprisonment for not less than five (5) years nor more than twenty-five (25)years if in the course of committing the crime of blackmail the person causesbodily injury to another person.

 

(d) As used in this section "in the course of committingthe crime" includes the time during which an attempt to commit the crimeor in which flight after the attempt or commission occurred.

 

(e) Conduct denoted blackmail in this section constitutes asingle offense embracing the separate crimes formerly known as blackmail andextortion.

 

6-2-403. Intimidation in furtherance of the interests of a criminal streetgang.

 

(a) A person is guilty of intimidation in furtherance of theinterests of a criminal street gang if he threatens or intimidates by word orconduct to cause physical injury to another person or damage to the property ofanother in order to promote, further or assist in the interests of or to cause,induce or solicit another person to participate in a criminal street gang.

 

(b) Intimidation in furtherance of the interests of a criminalstreet gang is a high misdemeanor punishable by imprisonment of up to one (1)year, a fine of up to one thousand dollars ($1,000.00), or both.

 

ARTICLE 5 - ASSAULT AND BATTERY

 

6-2-501. Simple assault; battery; penalties.

 

(a) A person is guilty of simple assault if, having the presentability to do so, he unlawfully attempts to cause bodily injury to another.

 

(b) A person is guilty of battery if he intentionally,knowingly or recklessly causes bodily injury to another person by use ofphysical force.

 

(c) Except as provided by subsection (e) of this section,simple assault is a misdemeanor punishable by a fine of not more than sevenhundred fifty dollars ($750.00).

 

(d) Except as provided by subsection (f) of this section,battery 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.Notwithstanding any other provision of law, the term of probation imposed by ajudge under this subsection may exceed the maximum term of imprisonmentestablished for the offense under this subsection provided the term ofprobation, together with any extension thereof, shall in no case exceed one (1)year.

 

(e) A household member as defined by W.S. 35-21-102 who isconvicted upon a plea of guilty or no contest or found guilty of simple assaultagainst any other household member, after having been convicted upon a plea ofguilty or no contest or found guilty of a violation of W.S. 6-2-501(a), (b),(e) or (f), 6-2-502, 6-2-503, 6-2-504 or other substantially similar law ofthis or any other state, tribe or territory against any other household member,is guilty of 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.

 

(f) A household member as defined by W.S. 35-21-102 who commitsa second or subsequent battery against any other household member shall bepunished as follows:

 

(i) A person convicted upon a plea of guilty or no contest orfound guilty of a second offense under this subsection against any otherhousehold member, after having been convicted upon a plea of guilty or nocontest or found guilty of a violation of W.S. 6-2-501(a), (b), (e) through(g), 6-2-502, 6-2-503, 6-2-504 or other substantially similar law of this orany other state, tribe or territory against any other household member withinthe previous five (5) years is guilty of a misdemeanor punishable byimprisonment for not more than one (1) year, a fine of not more than onethousand dollars ($1,000.00), or both. Notwithstanding any other provision oflaw, the term of probation imposed by a court under this paragraph may exceedthe maximum term of imprisonment established for this offense under thisparagraph provided the term of probation, together with any extension thereof,shall in no case exceed two (2) years;

 

(ii) A person convicted upon a plea of guilty or no contest orfound guilty of a third or subsequent offense under this subsection against anyother household member, after having been convicted upon a plea of guilty or nocontest or found guilty of a violation of W.S. 6-2-501(a), (b), (e) through(g), 6-2-502, 6-2-503, 6-2-504 or other substantially similar law of this orany other state, tribe or territory against any other household member withinthe previous ten (10) years is guilty of a felony punishable by imprisonmentfor not more than five (5) years, a fine of not more than two thousand dollars($2,000.00), or both.

 

(g) A person is guilty of unlawful contact if he:

 

(i) Touches another person in a rude, insolent or angry mannerwithout intentionally us

State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter2

CHAPTER 2 - OFFENSES AGAINST THE PERSON

 

ARTICLE 1 - HOMICIDE

 

6-2-101. Murder in the first degree; penalty.

 

(a) Whoever purposely and with premeditated malice, or in theperpetration of, or attempt to perpetrate, any sexual assault, sexual abuse ofa minor, arson, robbery, burglary, escape, resisting arrest, kidnapping orabuse of a child under the age of sixteen (16) years, kills any human being isguilty of murder in the first degree.

 

(b) A person convicted of murder in the first degree shall bepunished by death, life imprisonment without parole or life imprisonmentaccording to law, except that no person shall be subject to the penalty ofdeath for any murder committed before the defendant attained the age of eighteen (18) years.

 

(c) A person convicted of murder in the first degree in a casein which the state seeks the death penalty shall be sentenced in accordancewith the provisions of W.S. 6-2-102. In all other cases, including any case inwhich the state has determined not to seek the death penalty at any stage ofthe proceeding, the judge shall determine the sentence of life imprisonmentwithout parole or life imprisonment taking into consideration any negotiatedplea agreement and any evidence relevant to a determination of sentence whichthe court deems to have probative value.

 

6-2-102. Presentence hearing for murder in the first degree;mitigating and aggravating circumstances; effect of error in hearing.

 

(a) Upon conviction of a person for murder in the first degreein a case in which the state seeks the death penalty, the judge shall conduct aseparate sentencing hearing to determine whether the defendant should besentenced to death, life imprisonment without parole or life imprisonment. Thehearing shall be conducted before the judge alone if:

 

(i) The defendant was convicted by a judge sitting without ajury;

 

(ii) The defendant has pled guilty; or

 

(iii) The defendant waives a jury with respect to the sentence.

 

(b) In all other cases the sentencing hearing shall beconducted before the jury which determined the defendant's guilt or, if thejudge for good cause shown discharges that jury, with a new jury impaneled forthat purpose. The jury shall be instructed that if the jury does notunanimously determine that the defendant should be sentenced to death, then thedefendant shall be sentenced to life imprisonment without parole or lifeimprisonment.

 

(c) The judge or jury shall hear evidence as to any matter thatthe court deems relevant to a determination of the sentence, and shall includematters relating to any of the aggravating or mitigating circumstancesenumerated in subsections (h) and (j) of this section. Any evidence which thecourt deems to have probative value may be received regardless of itsadmissibility under the exclusionary rules of evidence, provided the defendantis accorded a fair opportunity to rebut any hearsay statements, and providedfurther that only such evidence in aggravation as the state has made known tothe defendant or his counsel prior to his trial shall be admissible.

 

(d) Upon conclusion of the evidence and arguments the judgeshall give the jury appropriate instructions, including instructions as to anyaggravating or mitigating circumstances, as defined in subsections (h) and (j)of this section, or proceed as provided by paragraph (iii) of this subsection:

 

(i) After hearing all the evidence, the jury shall deliberateand render a sentence based upon the following:

 

(A) Whether one (1) or more aggravating circumstances existbeyond a reasonable doubt as set forth in subsection (h) of this section;

 

(B) Whether, by a preponderance of the evidence, mitigatingcircumstances exist as set forth in subsection (j) of this section; and

 

(C) The mere number of aggravating or mitigating circumstancesfound shall have no independent significance.

 

(ii) The jury shall consider aggravating and mitigatingcircumstances unanimously found to exist, and each individual juror may alsoconsider any mitigating circumstances found by that juror to exist. If the juryreports unanimous agreement to impose the sentence of death, the court shalldischarge the jury and shall impose the sentence of death. If the jury isunable to reach a unanimous verdict imposing the sentence of death within areasonable time, the court shall instruct the jury to determine by a unanimousvote whether the penalty of life imprisonment without parole shall be imposed.If the jury is unable to reach a unanimous verdict imposing the penalty of lifeimprisonment without parole within a reasonable time, the court shall dischargethe jury and impose the sentence of life imprisonment;

 

(iii) In nonjury cases, the judge shall determine if anyaggravating or mitigating circumstances exist and impose sentence within thelimits prescribed by law, based upon the considerations enumerated insubparagraphs (A), (B) and (C) of paragraph (i) of this subsection.

 

(e) The death penalty shall not be imposed unless at least one(1) of the aggravating circumstances set forth in subsection (h) of thissection is found. In nonjury cases the judge shall make such designation. Thejury, if its verdict is a sentence of death, shall designate in writing signedby the foreman of the jury:

 

(i) The aggravating circumstance or circumstances which itunanimously found beyond a reasonable doubt;

 

(ii) The mitigating circumstance or circumstances which itunanimously found by a preponderance of the evidence; and

 

(iii) The mitigating circumstance or circumstances which anyindividual juror found by a preponderance of the evidence.

 

(f) Repealed By Laws 2001, Ch. 96, 3.

 

(g) If the trial court is reversed on appeal because of erroronly in the presentence hearing, the new trial which may be ordered shall applyonly to the issue of punishment.

 

(h) Aggravating circumstances are limited to the following:

 

(i) The murder was committed by a person:

 

(A) Confined in a jail or correctional facility;

 

(B) On parole or on probation for a felony;

 

(C) After escaping detention or incarceration; or

 

(D) Released on bail pending appeal of his conviction.

 

(ii) The defendant was previously convicted of another murder inthe first degree or a felony involving the use or threat of violence to theperson;

 

(iii) The defendant knowingly created a great risk of death totwo (2) or more persons;

 

(iv) The murder was committed while the defendant was engaged,or was an accomplice, in the commission of, or an attempt to commit, or flightafter committing or attempting to commit, any aircraft piracy or the unlawfulthrowing, placing or discharging of a destructive device or bomb;

 

(v) The murder was committed for the purpose of avoiding orpreventing a lawful arrest or effecting an escape from custody;

 

(vi) The murder was committed for compensation, the collectionof insurance benefits or other similar pecuniary gain;

 

(vii) The murder was especially atrocious or cruel, beingunnecessarily torturous to the victim;

 

(viii) The murder of a judicial officer, former judicial officer,district attorney, former district attorney, defending attorney, peace officer,juror or witness, during or because of the exercise of his official duty orbecause of the victim's former or present official status;

 

(ix) The defendant knew or reasonably should have known thevictim was less than seventeen (17) years of age or older than sixty-five (65)years of age;

 

(x) The defendant knew or reasonably should have known thevictim was especially vulnerable due to significant mental or physicaldisability;

 

(xi) The defendant poses a substantial and continuing threat offuture dangerousness or is likely to commit continued acts of criminalviolence;

 

(xii) The defendant killed another human being purposely and withpremeditated malice and while engaged in, or as an accomplice in the commissionof, or an attempt to commit, or flight after committing or attempting tocommit, any robbery, sexual assault, arson, burglary, kidnapping or abuse of achild under the age of sixteen (16) years.

 

(j) Mitigating circumstances shall include the following:

 

(i) The defendant has no significant history of prior criminalactivity;

 

(ii) The murder was committed while the defendant was under theinfluence of extreme mental or emotional disturbance;

 

(iii) The victim was a participant in the defendant's conduct orconsented to the act;

 

(iv) The defendant was an accomplice in a murder committed byanother person and his participation in the homicidal act was relatively minor;

 

(v) The defendant acted under extreme duress or under thesubstantial domination of another person;

 

(vi) The capacity of the defendant to appreciate the criminalityof his conduct or to conform his conduct to the requirements of law wassubstantially impaired;

 

(vii) The age of the defendant at the time of the crime;

 

(viii) Any other fact or circumstance of the defendant's characteror prior record or matter surrounding his offense which serves to mitigate hisculpability.

 

6-2-103. Review of death sentences; notice from clerk of trial court;factors to be considered by supreme court; disposition of appeal.

 

(a) The judgment of conviction and sentence of death is subjectto automatic review by the supreme court of Wyoming within one hundred twenty(120) days after certification by the sentencing court of the entire record,unless the time is extended for an additional period not to exceed sixty (60)days by the supreme court for good cause shown. Such review by the supremecourt shall have priority over all other cases.

 

(b) Within ten (10) days after receiving the transcript, theclerk of the trial court shall transmit the entire record and transcript to thesupreme court of Wyoming together with a notice prepared by the clerk and areport prepared by the trial judge. The notice shall set forth the title anddocket number of the case, the name of the defendant and the name and addressof his attorney, a statement of the judgment, the crime and punishmentprescribed. The report shall be in the form of a standard questionnaireprepared and supplied by the supreme court of Wyoming.

 

(c) The supreme court of Wyoming shall consider the punishmentas well as any errors enumerated by way of appeal.

 

(d) With regard to the sentence, the court shall determine if:

 

(i) The sentence of death was imposed under the influence ofpassion, prejudice or any other arbitrary factor;

 

(ii) The evidence supports the jury's or judge's finding of anaggravating circumstance as enumerated in W.S. 6-2-102 and mitigating circumstances.

 

(iii) Repealed by Laws 1989, ch. 171, 2.

 

(e) In addition to its authority regarding correction oferrors, the court, with regard to review of death sentences, may:

 

(i) Affirm the sentence of death;

 

(ii) Set the sentence aside and impose a sentence of lifeimprisonment without parole, or life imprisonment; or

 

(iii) Set the sentence aside and remand the case forresentencing.

 

6-2-104. Murder in the second degree; penalty.

 

Except as provided in W.S. 6-2-109, whoeverpurposely and maliciously, but without premeditation, kills any human being isguilty of murder in the second degree, and shall be imprisoned in thepenitentiary for any term not less than twenty (20) years, or during life.

 

6-2-105. Manslaughter; penalty.

 

(a) A person is guilty of manslaughter if he unlawfully killsany human being without malice, expressed or implied, either:

 

(i) Voluntarily, upon a sudden heat of passion; or

 

(ii) Involuntarily, but recklessly except under circumstancesconstituting a violation of W.S. 6-2-106(b).

 

(b) Except as provided in W.S. 6-2-109, manslaughter is afelony punishable by imprisonment in the penitentiary for not more than twenty(20) years.

 

6-2-106. Homicide by vehicle; aggravated homicide by vehicle;penalties.

 

(a) Except as provided in subsection (b) of this section, aperson is guilty of homicide by vehicle and shall be fined not more than twothousand dollars ($2,000.00) or imprisoned in the county jail for not more thanone (1) year, or both, if he operates or drives a vehicle in a criminallynegligent manner, and his conduct is the proximate cause of the death ofanother person. Evidence of a violation of any state law or ordinance applyingto the operation or use of a vehicle or to the regulation of traffic, exceptfor evidence of a violation of W.S. 10-6-103, 31-5-233 and 41-13-206, isadmissible in any prosecution under this subsection.

 

(b) A person is guilty of aggravated homicide by vehicle andshall be punished by imprisonment in the penitentiary for not more than twenty(20) years, if:

 

(i) While operating or driving a vehicle in violation of W.S.10-6-103, 31-5-233 or 41-13-206, he causes the death of another person and theviolation is the proximate cause of the death; or

 

(ii) He operates or drives a vehicle in a reckless manner, andhis conduct is the proximate cause of the death of another person.

 

(c) The department of transportation shall revoke the licenseor permit to drive and the nonresident operating privilege of any personconvicted of aggravated homicide by vehicle or of homicide by vehicle.

 

(d) Any person convicted of aggravated homicide by vehicle forcausing the death of another person while operating or driving a vehicle inviolation of W.S. 31-5-233 shall not be issued an ignition interlock restrictedlicense under W.S. 31-5-233 or 31-7-401 through 31-7-404.

 

6-2-107. Criminally negligent homicide.

 

(a) Except under circumstances constituting a violation of W.S.6-2-106, a person is guilty of criminally negligent homicide if he causes thedeath of another person by conduct amounting to criminal negligence.

 

(b) Criminally negligent homicide is a misdemeanor punishableby imprisonment for not more than one (1) year, a fine of not more than twothousand dollars ($2,000.00), or both.

 

6-2-108. Drug induced homicide; penalty.

 

(a) A person is guilty of drug induced homicide if:

 

(i) He is an adult or is at least four (4) years older than thevictim; and

 

(ii) He violates W.S. 35-7-1031(a)(i) or (ii) or (b)(i) or (ii)by unlawfully delivering a controlled substance to a minor and that minor diesas a result of the injection, inhalation, ingestion or administration by anyother means of any amount of that controlled substance.

 

(b) Except as provided in W.S. 6-2-109, drug induced homicideis a felony punishable by imprisonment in the penitentiary for not more thantwenty (20) years.

 

6-2-109. Sentencing enhancement for the homicide of a pregnant womancausing the involuntary termination of the pregnancy.

 

(a) Upon sentencing of a defendant who is convicted of anoffense pursuant to W.S. 6-2-104, 6-2-105 or 6-2-108, if the jury has foundthat the victim was pregnant at the time of the commission of the offense andthat the defendant knew that the victim was pregnant at the time of thecommission of the offense, the court shall impose a sentence as follows:

 

(i) For a conviction of W.S. 6-2-104, imprisonment in thepenitentiary for any term not less than forty (40) years, or during life; or

 

(ii) For a conviction of W.S. 6-2-105 or 6-2-108, imprisonmentin the penitentiary for any term not less than ten (10) years and not more thanthirty (30) years.

 

ARTICLE 2 - KIDNAPPING AND RELATED OFFENSES

 

6-2-201. Kidnapping; penalties; effect of release of victim.

 

(a) A person is guilty of kidnapping if he unlawfully removesanother from his place of residence or business or from the vicinity where hewas at the time of the removal, or if he unlawfully confines another person,with the intent to:

 

(i) Hold for ransom or reward, or as a shield or hostage;

 

(ii) Facilitate the commission of a felony; or

 

(iii) Inflict bodily injury on or to terrorize the victim oranother.

 

(b) A removal or confinement is unlawful if it is accomplished:

 

(i) By force, threat or deception; or

 

(ii) Without the consent of a parent, guardian or other personresponsible for the general supervision of an individual who is under the ageof fourteen (14) or who is adjudicated incompetent.

 

(c) If the defendant voluntarily releases the victim substantiallyunharmed and in a safe place prior to trial, kidnapping is a felony punishableby imprisonment for not more than twenty (20) years.

 

(d) If the defendant does not voluntarily release the victimsubstantially unharmed and in a safe place prior to trial, kidnapping is afelony punishable by imprisonment for not less than twenty (20) years or forlife except as provided in W.S. 6-2-101.

 

6-2-202. Felonious restraint; penalty.

 

(a) A person is guilty of felonious restraint if he knowingly:

 

(i) Restrains another unlawfully in circumstances exposing himto risk of serious bodily injury; or

 

(ii) Holds another in a condition of involuntary servitude.

 

(b) Felonious restraint is a felony punishable by imprisonmentfor not more than five (5) years.

 

6-2-203. False imprisonment; penalties.

 

(a) A person is guilty of false imprisonment if he knowinglyand unlawfully restrains another so as to interfere substantially with hisliberty.

 

(b) False imprisonment is a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both.

 

6-2-204. Interference with custody; presumption of knowledge ofchild's age; affirmative defenses; penalties.

 

(a) A person is guilty of interference with custody if, havingno privilege to do so, he knowingly:

 

(i) Takes or entices a minor from the custody of the minor'sparent, guardian or other lawful custodian; or

 

(ii) Fails or refuses to return a minor to the person entitledto custody.

 

(b) Proof that the child was under the age of majority givesrise to an inference that the person knew the child's age.

 

(c) It is an affirmative defense to a prosecution under thissection that:

 

(i) The action was necessary to preserve the child from animmediate danger to his welfare; or

 

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

 

(A) At his own instigation; and

 

(B) Without intent to commit a criminal offense with or againstthe child.

 

(d) Interference with custody is a felony punishable byimprisonment for not more than five (5) years if:

 

(i) The defendant is not a parent or person in equivalentrelation to the child; or

 

(ii) The defendant knowingly conceals and harbors the child orrefuses to reveal the location of the child to the parent, guardian or lawfulcustodian.

 

(e) Interference with custody which is not punishable undersubsection (d) of this section is a felony punishable by imprisonment for notmore than two (2) years.

 

ARTICLE 3 - SEXUAL ASSAULT

 

6-2-301. Definitions.

 

(a) As used in this article:

 

(i) "Actor" means the person accused of criminalassault;

 

(ii) "Intimate parts" means the external genitalia,perineum, anus or pubes of any person or the breast of a female person;

 

(iii) "Physically helpless" means unconscious, asleepor otherwise physically unable to communicate unwillingness to act;

 

(iv) "Position of authority" means that positionoccupied by a parent, guardian, relative, household member, teacher, employer,custodian or any other person who, by reason of his position, is able toexercise significant influence over a person;

 

(v) "Sexual assault" means any act made criminalpursuant to W.S. 6-2-302 through 6-2-319;

 

(vi) "Sexual contact" means touching, with theintention of sexual arousal, gratification or abuse, of the victim's intimateparts by the actor, or of the actor's intimate parts by the victim, or of theclothing covering the immediate area of the victim's or actor's intimate parts;

 

(vii) "Sexual intrusion" means:

 

(A) Any intrusion, however slight, by any object or any part ofa person's body, except the mouth, tongue or penis, into the genital or analopening of another person's body if that sexual intrusion can reasonably beconstrued as being for the purposes of sexual arousal, gratification or abuse;or

 

(B) Sexual intercourse, cunnilingus, fellatio, analingus oranal intercourse with or without emission.

 

(viii) "Victim" means the person alleged to have been subjectedto sexual assault;

 

(ix) "This article" means W.S. 6-2-301 through6-2-320.

 

6-2-302. Sexual assault in the first degree.

 

(a) Any actor who inflicts sexual intrusion on a victim commitsa sexual assault in the first degree if:

 

(i) The actor causes submission of the victim through theactual application, reasonably calculated to cause submission of the victim, ofphysical force or forcible confinement;

 

(ii) The actor causes submission of the victim by threat ofdeath, serious bodily injury, extreme physical pain or kidnapping to beinflicted on anyone and the victim reasonably believes that the actor has thepresent ability to execute these threats;

 

(iii) The victim is physically helpless, and the actor knows orreasonably should know that the victim is physically helpless and that thevictim has not consented; or

 

(iv) The actor knows or reasonably should know that the victimthrough a mental illness, mental deficiency or developmental disability isincapable of appraising the nature of the victim's conduct.

 

6-2-303. Sexual assault in the second degree.

 

(a) Any actor who inflicts sexual intrusion on a victim commitssexual assault in the second degree if, under circumstances not constitutingsexual assault in the first degree:

 

(i) The actor causes submission of the victim by threatening toretaliate in the future against the victim or the victim's spouse, parents,brothers, sisters or children, and the victim reasonably believes the actorwill execute this threat. "To retaliate" includes threats ofkidnapping, death, serious bodily injury or extreme physical pain;

 

(ii) The actor causes submission of the victim by any means thatwould prevent resistance by a victim of ordinary resolution;

 

(iii) The actor administers, or knows that someone elseadministered to the victim, without the prior knowledge or consent of thevictim, any substance which substantially impairs the victim's power toappraise or control his conduct;

 

(iv) The actor knows or should reasonably know that the victimsubmits erroneously believing the actor to be the victim's spouse;

 

(v) Repealed By Laws 2007, Ch. 159, 3.

 

(vi) The actor is in a position of authority over the victim anduses this position of authority to cause the victim to submit;

 

(vii) The actor is an employee, independent contractor orvolunteer of a state, county, city or town, or privately operated adult orjuvenile correctional system, including but not limited to jails, penalinstitutions, detention centers, juvenile residential or rehabilitativefacilities, adult community correctional facilities, secure treatmentfacilities or work release facilities, and the victim is known or should beknown by the actor to be a resident of such facility or under supervision ofthe correctional system; or

 

(viii) The actor inflicts sexual intrusion in treatment orexamination of a victim for purposes or in a manner substantially inconsistentwith reasonable medical practices.

 

(b) A person is guilty of sexual assault in the second degreeif he subjects another person to sexual contact and causes serious bodilyinjury to the victim under any of the circumstances listed in W.S.6-2-302(a)(i) through (iv) or paragraphs (a)(i) through (vii) of this section.

 

(c) Repealed By Laws 1997, ch. 135, 2.

 

6-2-304. Sexual assault in the third degree.

 

(a) An actor commits sexual assault in the third degree if,under circumstances not constituting sexual assault in the first or seconddegree:

 

(i) Repealed By Laws 2007, Ch. 159, 3.

 

(ii) Repealed By Laws 2007, Ch. 159, 3.

 

(iii) The actor subjects a victim to sexual contact under any ofthe circumstances of W.S. 6-2-302(a)(i) through (iv) or 6-2-303(a)(i) through(vii) without inflicting sexual intrusion on the victim and without causingserious bodily injury to the victim.

 

6-2-305. Repealed By Laws 1997, ch. 135, 2.

 

6-2-306. Penalties for sexual assault.

 

(a) An actor convicted of sexual assault under W.S. 6-2-302through 6-2-304 who does not qualify under the criteria of subsection (b) or (d)of this section shall be punished as follows:

 

(i) Sexual assault in the first degree under W.S. 6-2-302 is afelony punishable by imprisonment for not less than five (5) years nor morethan fifty (50) years;

 

(ii) Sexual assault in the second degree under W.S. 6-2-303 is afelony punishable by imprisonment for not less than two (2) years nor more thantwenty (20) years;

 

(iii) Sexual assault in the third degree under W.S. 6-2-304 is afelony punishable by imprisonment for not more than fifteen (15) years;

 

(iv) Repealed By Laws 1997, ch. 135, 2.

 

(b) An actor who is convicted of sexual assault under W.S.6-2-302 through 6-2-304, who has previously been convicted of any crimecontaining the same or similar elements as the crimes defined in W.S. 6-2-302through 6-2-304 and who does not qualify under the criteria of subsection (d)of this section shall be punished as follows:

 

(i) Repealed By Laws 2007, Ch. 159, 3.

 

(ii) Repealed By Laws 2007, Ch. 159, 3.

 

(iii) Sexual assault in the first or second degree under W.S.6-2-302 or 6-2-303 is a felony punishable by imprisonment for not less thantwenty-five (25) years or for life; or

 

(iv) Sexual assault in the third degree under W.S. 6-2-304 is afelony punishable by imprisonment for not more than twenty (20) years.

 

(c) Repealed By Laws 1997, Ch. 135, 2; 2007, Ch. 159, 3.

 

(d) An actor who is convicted of sexual assault under W.S.6-2-302 through 6-2-304, or sexual abuse of a minor under W.S. 6-2-316 through6-2-317, shall be punished by life imprisonment without parole if the actor hastwo (2) or more previous convictions for any of the following designatedoffenses, which convictions resulted from charges separately brought and whicharose out of separate occurrences in this state or elsewhere:

 

(i) A crime defined in W.S. 6-2-302 through 6-2-304 or acriminal statute from another jurisdiction containing the same or similarelements as a crime defined by W.S. 6-2-302 through 6-2-304.

 

(ii) Repealed By Laws 1997, ch. 135, 2.

 

(iii) Repealed By Laws 2007, Ch. 159, 3.

 

(e) An actor who is convicted of sexual abuse of a minor underW.S. 6-2-314 or 6-2-315 shall be punished by life imprisonment without paroleif the actor has one (1) or more previous convictions for a violation of W.S.6-2-302 through 6-2-304, 6-2-314 or 6-2-315, or a criminal statute containingthe same or similar elements as the crimes defined by W.S. 6-2-302 through6-2-304, 6-2-314 or 6-2-315, which convictions resulted from charges separatelybrought and which arose out of separate occurrences in this state or elsewhere.

 

6-2-307. Evidence of marriage as defense.

 

(a) The fact that the actor and the victim are married to eachother is not by itself a defense to a violation of W.S. 6-2-302(a)(i), (ii) or(iii) or 6-2-303(a)(i), (ii), (iii), (vi) or (vii).

 

(b) Consent of the victim is not a defense to a violation ofW.S. 6-2-303(a)(vii) or 6-2-304(a)(iii).

 

6-2-308. Criminality of conduct; victim's age.

 

(a) Except as provided by subsection (b) of this section, ifcriminality of conduct in this article depends on a victim being under sixteen(16) years of age, it is an affirmative defense that the actor reasonablybelieved that the victim was sixteen (16) years of age or older.

 

(b) If criminality of conduct in this article depends upon avictim being under twelve (12) years or under fourteen (14) years, it is nodefense that the actor did not know the victim's age, or that he reasonablybelieved that the victim was twelve (12) years or fourteen (14) years of age orolder, as applicable.

 

6-2-309. Medical examination of victim; costs; use of report; minors;rights of victims; reimbursement.

 

(a) A law enforcement agency receiving a report of a sexualassault may, with the victim's consent, arrange for an examination of thevictim by a licensed health care provider acting within the scope of theprovider's practice. The examination may include a medical examination andtreatment, evidence collection and evaluation, and appropriate referrals forfollow-up treatment and services. Upon consent of the victim to release of theresults of the examination, the evidence, record and reports shall be deliveredto the law enforcement agency.

 

(b) Repealed By Laws 2006, Chapter 77, 2.

 

(c) Repealed by Laws 1991, ch. 130, 2.

 

(d) Repealed By Laws 2006, Chapter 77, 2.

 

(e) If a report of a sexual assault is received from a minorvictim, and the parents or guardian of the minor cannot be located promptlywith diligent effort, the examination provided for by subsection (a) of thissection may be conducted with the minor's consent. If a report of a sexualassault is received alleging a minor as the victim and a parent or guardian isthe suspected perpetrator, the parent or guardian who is the suspectedperpetrator shall not be notified pursuant to this section.

 

(f) Repealed By Laws 2006, Chapter 77, 2.

 

(g) Except as provided by subsection (j) of this section, thecosts of any examination relating to the investigation or prosecution of asexual assault shall be billed to and paid by the investigating lawenforcement agency. These examination costs shall include the following:

 

(i) The cost of gathering evidence; and

 

(ii) Any other examinations authorized by law enforcement to aidin the investigation and prosecution of the sexual assault.

 

(h) Except as provided by subsection (j) of this section, anyexamination costs directly incurred by a sexual assault victim that are notcovered by subsection (g) of this section, or other collateral source, shall besubmitted to the victim services division within the office of the attorneygeneral for determination of eligibility for payment from the crime victimscompensation account established by W.S. 1-40-114. All requests forcompensation from the account shall be subject to the eligibility guidelinesset forth in the Crime Victims Compensation Act, W.S. 1-40-101 through1-40-119.

 

(j) A convicted offender of a sexual assault shall be orderedto reimburse any costs incurred under subsections (g) and (h) of this sectionand any other costs incurred as a direct result of the sexual assault.

 

(k) Each victim reporting a sexual assault shall be informed ofthe rights enumerated in this section, the victim's rights to informed consentand the victim's rights as a victim of crime. The victim shall also beinformed of available medical, legal and advocacy services.

 

(m) The examinations authorized by this section shall remainconfidential healthcare information unless the victim or the victim's parent orlegal guardian executes a release of medical information for the purpose ofprosecution to the county attorney, the state of Wyoming or any relevant court.However, if the report of sexual assault described in subsection (a) of thissection results in the filing against any person of a criminal charge, or thefiling of a petition alleging a delinquent act which would be a felony ifcommitted by an adult, the written report disclosing the results of anexamination made pursuant to this section shall be made available to the personcharged or his counsel upon demand.

 

6-2-310. Repealed By Laws 2009, Ch. 18, 2.

 

 

6-2-311. Corroboration unnecessary.

 

Corroborationof a victim's testimony is not necessary to obtain a conviction for sexualassault.

 

6-2-312. Evidence of victim's prior sexual conduct or reputation;procedure for introduction.

 

(a) In any prosecution under this article or for any lesserincluded offense, if evidence of the prior sexual conduct of the victim,reputation evidence or opinion evidence as to the character of the victim is tobe offered the following procedure shall be used:

 

(i) A written motion shall be made by the defendant to thecourt at least ten (10) days prior to the trial stating that the defense has anoffer of proof of the relevancy of evidence of the sexual conduct of the victimand its relevancy to the defense;

 

(ii) The written motion shall be accompanied by affidavits inwhich the offer of proof is stated;

 

(iii) If the court finds the offer of proof sufficient, the courtshall order a hearing in chambers, and at the hearing allow the questioning ofthe victim regarding the offer of proof made by the defendant and otherpertinent evidence;

 

(iv) At the conclusion of the hearing, if the court finds thatthe probative value of the evidence substantially outweighs the probabilitythat its admission will create prejudice, the evidence shall be admissiblepursuant to this section. The court may make an order stating what evidence maybe introduced by the defendant, which order may include the nature of thequestions to be permitted.

 

(b) This section does not limit the introduction of evidence asto prior sexual conduct of the victim with the actor.

 

(c) Any motion or affidavit submitted pursuant to this sectionis privileged information and shall not be released or made available forpublic use or scrutiny in any manner, including posttrial proceedings.

 

6-2-313. Sexual battery.

 

(a) Except under circumstances constituting a violation of W.S.6-2-302 through 6-2-304, 6-2-314 through 6-2-317 or 6-2-502, an actor whounlawfully subjects another person to any sexual contact is guilty of sexualbattery.

 

(b) Sexual battery is a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both.

 

6-2-314. Sexual abuse of a minor in the first degree; penalties.

 

(a) An actor commits the crime of sexual abuse of a minor inthe first degree if:

 

(i) Being sixteen (16) years of age or older, the actorinflicts sexual intrusion on a victim who is less than thirteen (13) years ofage;

 

(ii) Being eighteen (18) years of age or older, the actorinflicts sexual intrusion on a victim who is less than eighteen (18) years ofage, and the actor is the victim's legal guardian or an individual specified inW.S. 6-4-402;

 

(iii) Being eighteen (18) years of age or older, the actorinflicts sexual intrusion on a victim who is less than sixteen (16) years ofage and the actor occupies a position of authority in relation to the victim.

 

(b) Except as provided in subsection (c) of this section, aperson convicted under subsection (a) of this section is subject toimprisonment for not more than fifty (50) years, unless the person convictedqualifies under W.S. 6-2-306(e).

 

(c) A person convicted under paragraph (a)(i) of this section,where the actor is at least twenty-one (21) years of age, is subject toimprisonment for not less than twenty-five (25) years nor more than fifty (50)years, unless the person convicted qualified under W.S. 6-2-306(e).

 

6-2-315. Sexual abuse of a minor in the second degree; penalties.

 

(a) Except under circumstance constituting sexual abuse of aminor in the first degree as defined by W.S. 6-2-314, an actor commits thecrime of sexual abuse of a minor in the second degree if:

 

(i) Being seventeen (17) years of age or older, the actorinflicts sexual intrusion on a victim who is thirteen (13) through fifteen (15)years of age, and the victim is at least four (4) years younger than the actor;

 

(ii) Being sixteen (16) years of age or older, the actor engagesin sexual contact of a victim who is less than thirteen (13) years of age;

 

(iii) Being eighteen (18) years of age or older, the actorengages in sexual contact with a victim who is less than eighteen (18) years ofage and the actor is the victim's legal guardian or an individual specified inW.S. 6-4-402; or

 

(iv) Being eighteen (18) years of age or older, the actorengages in sexual contact with a victim who is less than sixteen (16) years ofage and the actor occupies a position of authority in relation to the victim.

 

(b) A person convicted under subsection (a) of this section issubject to imprisonment for not more than twenty (20) years, unless the personconvicted qualifies under W.S. 6-2-306(e).

 

6-2-316. Sexual abuse of a minor in the third degree.

 

 

(a) Except under circumstance constituting sexual abuse of aminor in the first or second degree as defined by W.S. 6-2-314 and 6-2-315, anactor commits the crime of sexual abuse of a minor in the third degree if:

 

(i) Being seventeen (17) years of age or older, the actorengages in sexual contact with a victim who is thirteen (13) through fifteen(15) years of age, and the victim is at least four (4) years younger than theactor;

 

(ii) Being twenty (20) years of age or older, the actor engagesin sexual intrusion with a victim who is either sixteen (16) or seventeen (17)years of age, and the victim is at least four (4) years younger than the actor,and the actor occupies a position of authority in relation to the victim;

 

(iii) Being less than sixteen (16) years of age, the actorinflicts sexual intrusion on a victim who is less than thirteen (13) years ofage, and the victim is at least three (3) years younger than the actor; or

 

(iv) Being seventeen (17) years of age or older, the actorknowingly takes immodest, immoral or indecent liberties with a victim who isless than seventeen (17) years of age and the victim is at least four (4) yearsyounger than the actor.

 

(b) A person convicted under subsection (a) of this section issubject to imprisonment for not more than fifteen (15) years.

 

(c) A person charged with violating the provisions of paragraph(a)(iii) of this section shall be subject to the original jurisdiction of thejuvenile court, except the matter may be transferred to the district courthaving jurisdiction of the offense as provided in W.S. 14-6-237.

 

6-2-317. Sexual abuse of a minor in the fourth degree.

 

(a) Except under circumstance constituting sexual abuse of aminor in the first, second or third degree as defined by W.S. 6-2-314 through6-2-316, an actor commits the crime of sexual abuse of a minor in the fourthdegree if:

 

(i) Being less than sixteen (16) years of age, the actorengages in sexual contact with a victim who is less than thirteen (13) years ofage, and the victim is at least three (3) years younger than the actor; or

 

(ii) Being twenty (20) years of age or older, the actor engagesin sexual contact with a victim who is either sixteen (16) or seventeen (17)years of age, and the victim is at least four (4) years younger than the actor,and the actor occupies a position of authority in relation to the victim.

 

(b) A person convicted under subsection (a) of this section issubject to imprisonment for not more than five (5) years.

 

(c) A person charged with violating the provisions of paragraph(a)(i) of this section shall be subject to the original jurisdiction of thejuvenile court, except the matter may be transferred to the district courthaving jurisdiction of the offense as provided in W.S. 14-6-237.

 

6-2-318. Soliciting to engage in illicit sexual relations; penalty.

 

Except under circumstances constitutingsexual assault in the first, second or third degree as defined by W.S. 6-2-302through 6-2-304, or sexual abuse of a minor in the first, second, third orfourth degree as defined by W.S. 6-2-314 through 6-2-317, anyone who hasreached the age of majority and who solicits, procures or knowingly encouragesanyone less than the age of fourteen (14) years, or a person purported to beless than the age of fourteen (14) years, to engage in sexual intrusion asdefined in W.S. 6-2-301 is guilty of a felony, and upon conviction shall beimprisoned for a term of not more than five (5) years.

 

6-2-319. Names not to be released; restrictions on disclosures orpublication of information; violations; penalties.

 

(a) Prior to the filing of an information or indictment indistrict court charging a violation of an offense under this article, neitherthe names of the alleged actor or the victim of the charged offense nor anyother information reasonably likely to disclose the identity of the victimshall be released or negligently allowed to be released to the public by anypublic employee except as authorized by the judge with jurisdiction over thecriminal charges. The actor's name may be released to the public to aid orfacilitate an arrest.

 

(b) After the filing of an information or indictment indistrict court and absent a request to release the identity of a minor victimby the minor or another acting on behalf of a minor victim, the trial courtshall, to the extent necessary to protect the welfare of the minor victim,restrict the disclosure of the name of the minor victim, unless the name hasbeen publicly disclosed by the parent or legal guardian of the minor or by lawenforcement in an effort to find the victim. The trial court may, to theextent necessary to protect the welfare of the minor victim, restrictdisclosure of the information reasonably likely to identify the minor victim.

 

(c) Any person who willfully violates subsection (a) of thissection is guilty of a misdemeanor and upon conviction shall be fined not morethan seven hundred fifty dollars ($750.00) or be imprisoned in the county jailnot more than ninety (90) days, or both.

 

(d) A release of a name or other information to the public inviolation of the proscriptions of this section shall not stand as a bar to theprosecution of a defendant nor be grounds for dismissal of any charges againsta defendant.

 

(e) As used in this section "minor victim" means aperson less than the age of eighteen (18) years.

 

6-2-320. Prohibited access to school facilities by adult sexoffenders; exceptions; penalties; definitions.

 

(a) Except as provided in subsection (b) of this section, noperson who is eighteen (18) years of age or older who is required to registeras a sex offender pursuant to W.S. 7-19-302 shall:

 

(i) Be upon or remain on the premises of any school building orschool grounds in this state, or upon other properties owned or leased by aschool when the registered offender has reason to believe children under theage of eighteen (18) years are present and are involved in a school activity orwhen children are present within thirty (30) minutes before or after ascheduled school activity;

 

(ii) Knowingly loiter on a public way within one thousand(1,000) feet from the property line of school grounds in this state, includingother properties owned or leased by a school when children under the age ofeighteen (18) years are present and are involved in a school activity or whenchildren are present within thirty (30) minutes before or after a scheduledschool activity;

 

(iii) Be in any vehicle owned or leased by a school to transportstudents to or from school or a school related activity when children under theage of eighteen (18) years are present in the vehicle;

 

(iv) Reside within one thousand (1,000) feet of the property onwhich a school is located, measured from the nearest point of the exterior wallof the registered offender's dwelling unit to the school's property line,except that this paragraph shall not apply if the registered offender'sresidence was established prior to July 1, 2010.

 

(b) The provisions of paragraphs (a)(i) and (ii) shall notapply to the extent the registered offender:

 

(i) Is a student in attendance at the school;

 

(ii) Is attending an academic conference or other scheduledextracurricular school event with school officials present when the registeredoffender is a parent or legal guardian of a child who is participating in theconference or extracurricular event;

 

(iii) Resides at a state licensed or certified facility forincarceration, health or convalescent care that is within one thousand (1,000)feet from the property on which a school is located;

 

(iv) Is dropping off or picking up a child and the registeredoffender is the child's parent or legal guardian;

 

(v) Is temporarily on school grounds during school hours forthe purpose of making a mail, food or other delivery;

 

(vi) Is exercising his right to vote in a public election;

 

(vii) Is taking delivery of his mail through an official postoffice located on school grounds;

 

(viii) Has written permission from the school principal,vice-principal, or person with equivalent authority, to be on the schoolgrounds or upon other property that is used by a school; or

 

(ix) Stays at a homeless shelter or resides at a recoveryfacility that is within one thousand (1,000) feet from the property on which aschool is located if such shelter or facility has been approved for sexoffenders by the sheriff or police chief.

 

(c) Any person who violates the provisions of subsection (a) ofthis section is guilty of a misdemeanor and upon conviction, shall be punishedby imprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both.

 

(d) Nothing in this section shall prevent a school districtfrom adopting more stringent safety and security requirements for employees andnonemployees while they are in district facilities or on district properties.

 

(e) As used in this section:

 

(i) "Extracurricular event" means any schoolsponsored activity that is outside the regular curriculum, occurring during oroutside regular school hours, including academic, artistic, athletic orrecreational activities;

 

(ii) "Registered offender" means a person who iseighteen (18) years of age or older who is required to register as a sexoffender pursuant to W.S. 7-19-302.

 

ARTICLE 4 - ROBBERY AND BLACKMAIL

 

6-2-401. Robbery; aggravated robbery; penalties.

 

(a) A person is guilty of robbery if in the course ofcommitting a crime defined by W.S. 6-3-402 he:

 

(i) Inflicts bodily injury upon another; or

 

(ii) Threatens another with or intentionally puts him in fear ofimmediate bodily injury.

 

(b) Except as provided in subsection (c) of this section,robbery is a felony punishable by imprisonment for not more than ten (10)years.

 

(c) Aggravated robbery is a felony punishable by imprisonmentfor not less than five (5) years nor more than twenty-five (25) years if in thecourse of committing the crime of robbery the person:

 

(i) Intentionally inflicts or attempts to inflict seriousbodily injury; or

 

(ii) Uses or exhibits a deadly weapon or a simulated deadlyweapon.

 

(d) As used in this section "in the course of committingthe crime" includes the time during which an attempt to commit the crimeor in which flight after the attempt or commission occurred.

 

6-2-402. Blackmail; aggravated blackmail; penalties.

 

(a) A person commits blackmail if, with the intent to obtainproperty of another or to compel action or inaction by any person against hiswill, the person:

 

(i) Threatens bodily injury or injury to the property ofanother person; or

 

(ii) Accuses or threatens to accuse a person of a crime orimmoral conduct which would tend to degrade or disgrace the person or subjecthim to the ridicule or contempt of society.

 

(b) Except as provided in subsection (c) of this section,blackmail is a felony punishable by imprisonment for not more than ten (10)years.

 

(c) A person commits aggravated blackmail, a felony punishableby imprisonment for not less than five (5) years nor more than twenty-five (25)years if in the course of committing the crime of blackmail the person causesbodily injury to another person.

 

(d) As used in this section "in the course of committingthe crime" includes the time during which an attempt to commit the crimeor in which flight after the attempt or commission occurred.

 

(e) Conduct denoted blackmail in this section constitutes asingle offense embracing the separate crimes formerly known as blackmail andextortion.

 

6-2-403. Intimidation in furtherance of the interests of a criminal streetgang.

 

(a) A person is guilty of intimidation in furtherance of theinterests of a criminal street gang if he threatens or intimidates by word orconduct to cause physical injury to another person or damage to the property ofanother in order to promote, further or assist in the interests of or to cause,induce or solicit another person to participate in a criminal street gang.

 

(b) Intimidation in furtherance of the interests of a criminalstreet gang is a high misdemeanor punishable by imprisonment of up to one (1)year, a fine of up to one thousand dollars ($1,000.00), or both.

 

ARTICLE 5 - ASSAULT AND BATTERY

 

6-2-501. Simple assault; battery; penalties.

 

(a) A person is guilty of simple assault if, having the presentability to do so, he unlawfully attempts to cause bodily injury to another.

 

(b) A person is guilty of battery if he intentionally,knowingly or recklessly causes bodily injury to another person by use ofphysical force.

 

(c) Except as provided by subsection (e) of this section,simple assault is a misdemeanor punishable by a fine of not more than sevenhundred fifty dollars ($750.00).

 

(d) Except as provided by subsection (f) of this section,battery 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.Notwithstanding any other provision of law, the term of probation imposed by ajudge under this subsection may exceed the maximum term of imprisonmentestablished for the offense under this subsection provided the term ofprobation, together with any extension thereof, shall in no case exceed one (1)year.

 

(e) A household member as defined by W.S. 35-21-102 who isconvicted upon a plea of guilty or no contest or found guilty of simple assaultagainst any other household member, after having been convicted upon a plea ofguilty or no contest or found guilty of a violation of W.S. 6-2-501(a), (b),(e) or (f), 6-2-502, 6-2-503, 6-2-504 or other substantially similar law ofthis or any other state, tribe or territory against any other household member,is guilty of 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.

 

(f) A household member as defined by W.S. 35-21-102 who commitsa second or subsequent battery against any other household member shall bepunished as follows:

 

(i) A person convicted upon a plea of guilty or no contest orfound guilty of a second offense under this subsection against any otherhousehold member, after having been convicted upon a plea of guilty or nocontest or found guilty of a violation of W.S. 6-2-501(a), (b), (e) through(g), 6-2-502, 6-2-503, 6-2-504 or other substantially similar law of this orany other state, tribe or territory against any other household member withinthe previous five (5) years is guilty of a misdemeanor punishable byimprisonment for not more than one (1) year, a fine of not more than onethousand dollars ($1,000.00), or both. Notwithstanding any other provision oflaw, the term of probation imposed by a court under this paragraph may exceedthe maximum term of imprisonment established for this offense under thisparagraph provided the term of probation, together with any extension thereof,shall in no case exceed two (2) years;

 

(ii) A person convicted upon a plea of guilty or no contest orfound guilty of a third or subsequent offense under this subsection against anyother household member, after having been convicted upon a plea of guilty or nocontest or found guilty of a violation of W.S. 6-2-501(a), (b), (e) through(g), 6-2-502, 6-2-503, 6-2-504 or other substantially similar law of this orany other state, tribe or territory against any other household member withinthe previous ten (10) years is guilty of a felony punishable by imprisonmentfor not more than five (5) years, a fine of not more than two thousand dollars($2,000.00), or both.

 

(g) A person is guilty of unlawful contact if he:

 

(i) Touches another person in a rude, insolent or angry mannerwithout intentionally us


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter2

CHAPTER 2 - OFFENSES AGAINST THE PERSON

 

ARTICLE 1 - HOMICIDE

 

6-2-101. Murder in the first degree; penalty.

 

(a) Whoever purposely and with premeditated malice, or in theperpetration of, or attempt to perpetrate, any sexual assault, sexual abuse ofa minor, arson, robbery, burglary, escape, resisting arrest, kidnapping orabuse of a child under the age of sixteen (16) years, kills any human being isguilty of murder in the first degree.

 

(b) A person convicted of murder in the first degree shall bepunished by death, life imprisonment without parole or life imprisonmentaccording to law, except that no person shall be subject to the penalty ofdeath for any murder committed before the defendant attained the age of eighteen (18) years.

 

(c) A person convicted of murder in the first degree in a casein which the state seeks the death penalty shall be sentenced in accordancewith the provisions of W.S. 6-2-102. In all other cases, including any case inwhich the state has determined not to seek the death penalty at any stage ofthe proceeding, the judge shall determine the sentence of life imprisonmentwithout parole or life imprisonment taking into consideration any negotiatedplea agreement and any evidence relevant to a determination of sentence whichthe court deems to have probative value.

 

6-2-102. Presentence hearing for murder in the first degree;mitigating and aggravating circumstances; effect of error in hearing.

 

(a) Upon conviction of a person for murder in the first degreein a case in which the state seeks the death penalty, the judge shall conduct aseparate sentencing hearing to determine whether the defendant should besentenced to death, life imprisonment without parole or life imprisonment. Thehearing shall be conducted before the judge alone if:

 

(i) The defendant was convicted by a judge sitting without ajury;

 

(ii) The defendant has pled guilty; or

 

(iii) The defendant waives a jury with respect to the sentence.

 

(b) In all other cases the sentencing hearing shall beconducted before the jury which determined the defendant's guilt or, if thejudge for good cause shown discharges that jury, with a new jury impaneled forthat purpose. The jury shall be instructed that if the jury does notunanimously determine that the defendant should be sentenced to death, then thedefendant shall be sentenced to life imprisonment without parole or lifeimprisonment.

 

(c) The judge or jury shall hear evidence as to any matter thatthe court deems relevant to a determination of the sentence, and shall includematters relating to any of the aggravating or mitigating circumstancesenumerated in subsections (h) and (j) of this section. Any evidence which thecourt deems to have probative value may be received regardless of itsadmissibility under the exclusionary rules of evidence, provided the defendantis accorded a fair opportunity to rebut any hearsay statements, and providedfurther that only such evidence in aggravation as the state has made known tothe defendant or his counsel prior to his trial shall be admissible.

 

(d) Upon conclusion of the evidence and arguments the judgeshall give the jury appropriate instructions, including instructions as to anyaggravating or mitigating circumstances, as defined in subsections (h) and (j)of this section, or proceed as provided by paragraph (iii) of this subsection:

 

(i) After hearing all the evidence, the jury shall deliberateand render a sentence based upon the following:

 

(A) Whether one (1) or more aggravating circumstances existbeyond a reasonable doubt as set forth in subsection (h) of this section;

 

(B) Whether, by a preponderance of the evidence, mitigatingcircumstances exist as set forth in subsection (j) of this section; and

 

(C) The mere number of aggravating or mitigating circumstancesfound shall have no independent significance.

 

(ii) The jury shall consider aggravating and mitigatingcircumstances unanimously found to exist, and each individual juror may alsoconsider any mitigating circumstances found by that juror to exist. If the juryreports unanimous agreement to impose the sentence of death, the court shalldischarge the jury and shall impose the sentence of death. If the jury isunable to reach a unanimous verdict imposing the sentence of death within areasonable time, the court shall instruct the jury to determine by a unanimousvote whether the penalty of life imprisonment without parole shall be imposed.If the jury is unable to reach a unanimous verdict imposing the penalty of lifeimprisonment without parole within a reasonable time, the court shall dischargethe jury and impose the sentence of life imprisonment;

 

(iii) In nonjury cases, the judge shall determine if anyaggravating or mitigating circumstances exist and impose sentence within thelimits prescribed by law, based upon the considerations enumerated insubparagraphs (A), (B) and (C) of paragraph (i) of this subsection.

 

(e) The death penalty shall not be imposed unless at least one(1) of the aggravating circumstances set forth in subsection (h) of thissection is found. In nonjury cases the judge shall make such designation. Thejury, if its verdict is a sentence of death, shall designate in writing signedby the foreman of the jury:

 

(i) The aggravating circumstance or circumstances which itunanimously found beyond a reasonable doubt;

 

(ii) The mitigating circumstance or circumstances which itunanimously found by a preponderance of the evidence; and

 

(iii) The mitigating circumstance or circumstances which anyindividual juror found by a preponderance of the evidence.

 

(f) Repealed By Laws 2001, Ch. 96, 3.

 

(g) If the trial court is reversed on appeal because of erroronly in the presentence hearing, the new trial which may be ordered shall applyonly to the issue of punishment.

 

(h) Aggravating circumstances are limited to the following:

 

(i) The murder was committed by a person:

 

(A) Confined in a jail or correctional facility;

 

(B) On parole or on probation for a felony;

 

(C) After escaping detention or incarceration; or

 

(D) Released on bail pending appeal of his conviction.

 

(ii) The defendant was previously convicted of another murder inthe first degree or a felony involving the use or threat of violence to theperson;

 

(iii) The defendant knowingly created a great risk of death totwo (2) or more persons;

 

(iv) The murder was committed while the defendant was engaged,or was an accomplice, in the commission of, or an attempt to commit, or flightafter committing or attempting to commit, any aircraft piracy or the unlawfulthrowing, placing or discharging of a destructive device or bomb;

 

(v) The murder was committed for the purpose of avoiding orpreventing a lawful arrest or effecting an escape from custody;

 

(vi) The murder was committed for compensation, the collectionof insurance benefits or other similar pecuniary gain;

 

(vii) The murder was especially atrocious or cruel, beingunnecessarily torturous to the victim;

 

(viii) The murder of a judicial officer, former judicial officer,district attorney, former district attorney, defending attorney, peace officer,juror or witness, during or because of the exercise of his official duty orbecause of the victim's former or present official status;

 

(ix) The defendant knew or reasonably should have known thevictim was less than seventeen (17) years of age or older than sixty-five (65)years of age;

 

(x) The defendant knew or reasonably should have known thevictim was especially vulnerable due to significant mental or physicaldisability;

 

(xi) The defendant poses a substantial and continuing threat offuture dangerousness or is likely to commit continued acts of criminalviolence;

 

(xii) The defendant killed another human being purposely and withpremeditated malice and while engaged in, or as an accomplice in the commissionof, or an attempt to commit, or flight after committing or attempting tocommit, any robbery, sexual assault, arson, burglary, kidnapping or abuse of achild under the age of sixteen (16) years.

 

(j) Mitigating circumstances shall include the following:

 

(i) The defendant has no significant history of prior criminalactivity;

 

(ii) The murder was committed while the defendant was under theinfluence of extreme mental or emotional disturbance;

 

(iii) The victim was a participant in the defendant's conduct orconsented to the act;

 

(iv) The defendant was an accomplice in a murder committed byanother person and his participation in the homicidal act was relatively minor;

 

(v) The defendant acted under extreme duress or under thesubstantial domination of another person;

 

(vi) The capacity of the defendant to appreciate the criminalityof his conduct or to conform his conduct to the requirements of law wassubstantially impaired;

 

(vii) The age of the defendant at the time of the crime;

 

(viii) Any other fact or circumstance of the defendant's characteror prior record or matter surrounding his offense which serves to mitigate hisculpability.

 

6-2-103. Review of death sentences; notice from clerk of trial court;factors to be considered by supreme court; disposition of appeal.

 

(a) The judgment of conviction and sentence of death is subjectto automatic review by the supreme court of Wyoming within one hundred twenty(120) days after certification by the sentencing court of the entire record,unless the time is extended for an additional period not to exceed sixty (60)days by the supreme court for good cause shown. Such review by the supremecourt shall have priority over all other cases.

 

(b) Within ten (10) days after receiving the transcript, theclerk of the trial court shall transmit the entire record and transcript to thesupreme court of Wyoming together with a notice prepared by the clerk and areport prepared by the trial judge. The notice shall set forth the title anddocket number of the case, the name of the defendant and the name and addressof his attorney, a statement of the judgment, the crime and punishmentprescribed. The report shall be in the form of a standard questionnaireprepared and supplied by the supreme court of Wyoming.

 

(c) The supreme court of Wyoming shall consider the punishmentas well as any errors enumerated by way of appeal.

 

(d) With regard to the sentence, the court shall determine if:

 

(i) The sentence of death was imposed under the influence ofpassion, prejudice or any other arbitrary factor;

 

(ii) The evidence supports the jury's or judge's finding of anaggravating circumstance as enumerated in W.S. 6-2-102 and mitigating circumstances.

 

(iii) Repealed by Laws 1989, ch. 171, 2.

 

(e) In addition to its authority regarding correction oferrors, the court, with regard to review of death sentences, may:

 

(i) Affirm the sentence of death;

 

(ii) Set the sentence aside and impose a sentence of lifeimprisonment without parole, or life imprisonment; or

 

(iii) Set the sentence aside and remand the case forresentencing.

 

6-2-104. Murder in the second degree; penalty.

 

Except as provided in W.S. 6-2-109, whoeverpurposely and maliciously, but without premeditation, kills any human being isguilty of murder in the second degree, and shall be imprisoned in thepenitentiary for any term not less than twenty (20) years, or during life.

 

6-2-105. Manslaughter; penalty.

 

(a) A person is guilty of manslaughter if he unlawfully killsany human being without malice, expressed or implied, either:

 

(i) Voluntarily, upon a sudden heat of passion; or

 

(ii) Involuntarily, but recklessly except under circumstancesconstituting a violation of W.S. 6-2-106(b).

 

(b) Except as provided in W.S. 6-2-109, manslaughter is afelony punishable by imprisonment in the penitentiary for not more than twenty(20) years.

 

6-2-106. Homicide by vehicle; aggravated homicide by vehicle;penalties.

 

(a) Except as provided in subsection (b) of this section, aperson is guilty of homicide by vehicle and shall be fined not more than twothousand dollars ($2,000.00) or imprisoned in the county jail for not more thanone (1) year, or both, if he operates or drives a vehicle in a criminallynegligent manner, and his conduct is the proximate cause of the death ofanother person. Evidence of a violation of any state law or ordinance applyingto the operation or use of a vehicle or to the regulation of traffic, exceptfor evidence of a violation of W.S. 10-6-103, 31-5-233 and 41-13-206, isadmissible in any prosecution under this subsection.

 

(b) A person is guilty of aggravated homicide by vehicle andshall be punished by imprisonment in the penitentiary for not more than twenty(20) years, if:

 

(i) While operating or driving a vehicle in violation of W.S.10-6-103, 31-5-233 or 41-13-206, he causes the death of another person and theviolation is the proximate cause of the death; or

 

(ii) He operates or drives a vehicle in a reckless manner, andhis conduct is the proximate cause of the death of another person.

 

(c) The department of transportation shall revoke the licenseor permit to drive and the nonresident operating privilege of any personconvicted of aggravated homicide by vehicle or of homicide by vehicle.

 

(d) Any person convicted of aggravated homicide by vehicle forcausing the death of another person while operating or driving a vehicle inviolation of W.S. 31-5-233 shall not be issued an ignition interlock restrictedlicense under W.S. 31-5-233 or 31-7-401 through 31-7-404.

 

6-2-107. Criminally negligent homicide.

 

(a) Except under circumstances constituting a violation of W.S.6-2-106, a person is guilty of criminally negligent homicide if he causes thedeath of another person by conduct amounting to criminal negligence.

 

(b) Criminally negligent homicide is a misdemeanor punishableby imprisonment for not more than one (1) year, a fine of not more than twothousand dollars ($2,000.00), or both.

 

6-2-108. Drug induced homicide; penalty.

 

(a) A person is guilty of drug induced homicide if:

 

(i) He is an adult or is at least four (4) years older than thevictim; and

 

(ii) He violates W.S. 35-7-1031(a)(i) or (ii) or (b)(i) or (ii)by unlawfully delivering a controlled substance to a minor and that minor diesas a result of the injection, inhalation, ingestion or administration by anyother means of any amount of that controlled substance.

 

(b) Except as provided in W.S. 6-2-109, drug induced homicideis a felony punishable by imprisonment in the penitentiary for not more thantwenty (20) years.

 

6-2-109. Sentencing enhancement for the homicide of a pregnant womancausing the involuntary termination of the pregnancy.

 

(a) Upon sentencing of a defendant who is convicted of anoffense pursuant to W.S. 6-2-104, 6-2-105 or 6-2-108, if the jury has foundthat the victim was pregnant at the time of the commission of the offense andthat the defendant knew that the victim was pregnant at the time of thecommission of the offense, the court shall impose a sentence as follows:

 

(i) For a conviction of W.S. 6-2-104, imprisonment in thepenitentiary for any term not less than forty (40) years, or during life; or

 

(ii) For a conviction of W.S. 6-2-105 or 6-2-108, imprisonmentin the penitentiary for any term not less than ten (10) years and not more thanthirty (30) years.

 

ARTICLE 2 - KIDNAPPING AND RELATED OFFENSES

 

6-2-201. Kidnapping; penalties; effect of release of victim.

 

(a) A person is guilty of kidnapping if he unlawfully removesanother from his place of residence or business or from the vicinity where hewas at the time of the removal, or if he unlawfully confines another person,with the intent to:

 

(i) Hold for ransom or reward, or as a shield or hostage;

 

(ii) Facilitate the commission of a felony; or

 

(iii) Inflict bodily injury on or to terrorize the victim oranother.

 

(b) A removal or confinement is unlawful if it is accomplished:

 

(i) By force, threat or deception; or

 

(ii) Without the consent of a parent, guardian or other personresponsible for the general supervision of an individual who is under the ageof fourteen (14) or who is adjudicated incompetent.

 

(c) If the defendant voluntarily releases the victim substantiallyunharmed and in a safe place prior to trial, kidnapping is a felony punishableby imprisonment for not more than twenty (20) years.

 

(d) If the defendant does not voluntarily release the victimsubstantially unharmed and in a safe place prior to trial, kidnapping is afelony punishable by imprisonment for not less than twenty (20) years or forlife except as provided in W.S. 6-2-101.

 

6-2-202. Felonious restraint; penalty.

 

(a) A person is guilty of felonious restraint if he knowingly:

 

(i) Restrains another unlawfully in circumstances exposing himto risk of serious bodily injury; or

 

(ii) Holds another in a condition of involuntary servitude.

 

(b) Felonious restraint is a felony punishable by imprisonmentfor not more than five (5) years.

 

6-2-203. False imprisonment; penalties.

 

(a) A person is guilty of false imprisonment if he knowinglyand unlawfully restrains another so as to interfere substantially with hisliberty.

 

(b) False imprisonment is a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both.

 

6-2-204. Interference with custody; presumption of knowledge ofchild's age; affirmative defenses; penalties.

 

(a) A person is guilty of interference with custody if, havingno privilege to do so, he knowingly:

 

(i) Takes or entices a minor from the custody of the minor'sparent, guardian or other lawful custodian; or

 

(ii) Fails or refuses to return a minor to the person entitledto custody.

 

(b) Proof that the child was under the age of majority givesrise to an inference that the person knew the child's age.

 

(c) It is an affirmative defense to a prosecution under thissection that:

 

(i) The action was necessary to preserve the child from animmediate danger to his welfare; or

 

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

 

(A) At his own instigation; and

 

(B) Without intent to commit a criminal offense with or againstthe child.

 

(d) Interference with custody is a felony punishable byimprisonment for not more than five (5) years if:

 

(i) The defendant is not a parent or person in equivalentrelation to the child; or

 

(ii) The defendant knowingly conceals and harbors the child orrefuses to reveal the location of the child to the parent, guardian or lawfulcustodian.

 

(e) Interference with custody which is not punishable undersubsection (d) of this section is a felony punishable by imprisonment for notmore than two (2) years.

 

ARTICLE 3 - SEXUAL ASSAULT

 

6-2-301. Definitions.

 

(a) As used in this article:

 

(i) "Actor" means the person accused of criminalassault;

 

(ii) "Intimate parts" means the external genitalia,perineum, anus or pubes of any person or the breast of a female person;

 

(iii) "Physically helpless" means unconscious, asleepor otherwise physically unable to communicate unwillingness to act;

 

(iv) "Position of authority" means that positionoccupied by a parent, guardian, relative, household member, teacher, employer,custodian or any other person who, by reason of his position, is able toexercise significant influence over a person;

 

(v) "Sexual assault" means any act made criminalpursuant to W.S. 6-2-302 through 6-2-319;

 

(vi) "Sexual contact" means touching, with theintention of sexual arousal, gratification or abuse, of the victim's intimateparts by the actor, or of the actor's intimate parts by the victim, or of theclothing covering the immediate area of the victim's or actor's intimate parts;

 

(vii) "Sexual intrusion" means:

 

(A) Any intrusion, however slight, by any object or any part ofa person's body, except the mouth, tongue or penis, into the genital or analopening of another person's body if that sexual intrusion can reasonably beconstrued as being for the purposes of sexual arousal, gratification or abuse;or

 

(B) Sexual intercourse, cunnilingus, fellatio, analingus oranal intercourse with or without emission.

 

(viii) "Victim" means the person alleged to have been subjectedto sexual assault;

 

(ix) "This article" means W.S. 6-2-301 through6-2-320.

 

6-2-302. Sexual assault in the first degree.

 

(a) Any actor who inflicts sexual intrusion on a victim commitsa sexual assault in the first degree if:

 

(i) The actor causes submission of the victim through theactual application, reasonably calculated to cause submission of the victim, ofphysical force or forcible confinement;

 

(ii) The actor causes submission of the victim by threat ofdeath, serious bodily injury, extreme physical pain or kidnapping to beinflicted on anyone and the victim reasonably believes that the actor has thepresent ability to execute these threats;

 

(iii) The victim is physically helpless, and the actor knows orreasonably should know that the victim is physically helpless and that thevictim has not consented; or

 

(iv) The actor knows or reasonably should know that the victimthrough a mental illness, mental deficiency or developmental disability isincapable of appraising the nature of the victim's conduct.

 

6-2-303. Sexual assault in the second degree.

 

(a) Any actor who inflicts sexual intrusion on a victim commitssexual assault in the second degree if, under circumstances not constitutingsexual assault in the first degree:

 

(i) The actor causes submission of the victim by threatening toretaliate in the future against the victim or the victim's spouse, parents,brothers, sisters or children, and the victim reasonably believes the actorwill execute this threat. "To retaliate" includes threats ofkidnapping, death, serious bodily injury or extreme physical pain;

 

(ii) The actor causes submission of the victim by any means thatwould prevent resistance by a victim of ordinary resolution;

 

(iii) The actor administers, or knows that someone elseadministered to the victim, without the prior knowledge or consent of thevictim, any substance which substantially impairs the victim's power toappraise or control his conduct;

 

(iv) The actor knows or should reasonably know that the victimsubmits erroneously believing the actor to be the victim's spouse;

 

(v) Repealed By Laws 2007, Ch. 159, 3.

 

(vi) The actor is in a position of authority over the victim anduses this position of authority to cause the victim to submit;

 

(vii) The actor is an employee, independent contractor orvolunteer of a state, county, city or town, or privately operated adult orjuvenile correctional system, including but not limited to jails, penalinstitutions, detention centers, juvenile residential or rehabilitativefacilities, adult community correctional facilities, secure treatmentfacilities or work release facilities, and the victim is known or should beknown by the actor to be a resident of such facility or under supervision ofthe correctional system; or

 

(viii) The actor inflicts sexual intrusion in treatment orexamination of a victim for purposes or in a manner substantially inconsistentwith reasonable medical practices.

 

(b) A person is guilty of sexual assault in the second degreeif he subjects another person to sexual contact and causes serious bodilyinjury to the victim under any of the circumstances listed in W.S.6-2-302(a)(i) through (iv) or paragraphs (a)(i) through (vii) of this section.

 

(c) Repealed By Laws 1997, ch. 135, 2.

 

6-2-304. Sexual assault in the third degree.

 

(a) An actor commits sexual assault in the third degree if,under circumstances not constituting sexual assault in the first or seconddegree:

 

(i) Repealed By Laws 2007, Ch. 159, 3.

 

(ii) Repealed By Laws 2007, Ch. 159, 3.

 

(iii) The actor subjects a victim to sexual contact under any ofthe circumstances of W.S. 6-2-302(a)(i) through (iv) or 6-2-303(a)(i) through(vii) without inflicting sexual intrusion on the victim and without causingserious bodily injury to the victim.

 

6-2-305. Repealed By Laws 1997, ch. 135, 2.

 

6-2-306. Penalties for sexual assault.

 

(a) An actor convicted of sexual assault under W.S. 6-2-302through 6-2-304 who does not qualify under the criteria of subsection (b) or (d)of this section shall be punished as follows:

 

(i) Sexual assault in the first degree under W.S. 6-2-302 is afelony punishable by imprisonment for not less than five (5) years nor morethan fifty (50) years;

 

(ii) Sexual assault in the second degree under W.S. 6-2-303 is afelony punishable by imprisonment for not less than two (2) years nor more thantwenty (20) years;

 

(iii) Sexual assault in the third degree under W.S. 6-2-304 is afelony punishable by imprisonment for not more than fifteen (15) years;

 

(iv) Repealed By Laws 1997, ch. 135, 2.

 

(b) An actor who is convicted of sexual assault under W.S.6-2-302 through 6-2-304, who has previously been convicted of any crimecontaining the same or similar elements as the crimes defined in W.S. 6-2-302through 6-2-304 and who does not qualify under the criteria of subsection (d)of this section shall be punished as follows:

 

(i) Repealed By Laws 2007, Ch. 159, 3.

 

(ii) Repealed By Laws 2007, Ch. 159, 3.

 

(iii) Sexual assault in the first or second degree under W.S.6-2-302 or 6-2-303 is a felony punishable by imprisonment for not less thantwenty-five (25) years or for life; or

 

(iv) Sexual assault in the third degree under W.S. 6-2-304 is afelony punishable by imprisonment for not more than twenty (20) years.

 

(c) Repealed By Laws 1997, Ch. 135, 2; 2007, Ch. 159, 3.

 

(d) An actor who is convicted of sexual assault under W.S.6-2-302 through 6-2-304, or sexual abuse of a minor under W.S. 6-2-316 through6-2-317, shall be punished by life imprisonment without parole if the actor hastwo (2) or more previous convictions for any of the following designatedoffenses, which convictions resulted from charges separately brought and whicharose out of separate occurrences in this state or elsewhere:

 

(i) A crime defined in W.S. 6-2-302 through 6-2-304 or acriminal statute from another jurisdiction containing the same or similarelements as a crime defined by W.S. 6-2-302 through 6-2-304.

 

(ii) Repealed By Laws 1997, ch. 135, 2.

 

(iii) Repealed By Laws 2007, Ch. 159, 3.

 

(e) An actor who is convicted of sexual abuse of a minor underW.S. 6-2-314 or 6-2-315 shall be punished by life imprisonment without paroleif the actor has one (1) or more previous convictions for a violation of W.S.6-2-302 through 6-2-304, 6-2-314 or 6-2-315, or a criminal statute containingthe same or similar elements as the crimes defined by W.S. 6-2-302 through6-2-304, 6-2-314 or 6-2-315, which convictions resulted from charges separatelybrought and which arose out of separate occurrences in this state or elsewhere.

 

6-2-307. Evidence of marriage as defense.

 

(a) The fact that the actor and the victim are married to eachother is not by itself a defense to a violation of W.S. 6-2-302(a)(i), (ii) or(iii) or 6-2-303(a)(i), (ii), (iii), (vi) or (vii).

 

(b) Consent of the victim is not a defense to a violation ofW.S. 6-2-303(a)(vii) or 6-2-304(a)(iii).

 

6-2-308. Criminality of conduct; victim's age.

 

(a) Except as provided by subsection (b) of this section, ifcriminality of conduct in this article depends on a victim being under sixteen(16) years of age, it is an affirmative defense that the actor reasonablybelieved that the victim was sixteen (16) years of age or older.

 

(b) If criminality of conduct in this article depends upon avictim being under twelve (12) years or under fourteen (14) years, it is nodefense that the actor did not know the victim's age, or that he reasonablybelieved that the victim was twelve (12) years or fourteen (14) years of age orolder, as applicable.

 

6-2-309. Medical examination of victim; costs; use of report; minors;rights of victims; reimbursement.

 

(a) A law enforcement agency receiving a report of a sexualassault may, with the victim's consent, arrange for an examination of thevictim by a licensed health care provider acting within the scope of theprovider's practice. The examination may include a medical examination andtreatment, evidence collection and evaluation, and appropriate referrals forfollow-up treatment and services. Upon consent of the victim to release of theresults of the examination, the evidence, record and reports shall be deliveredto the law enforcement agency.

 

(b) Repealed By Laws 2006, Chapter 77, 2.

 

(c) Repealed by Laws 1991, ch. 130, 2.

 

(d) Repealed By Laws 2006, Chapter 77, 2.

 

(e) If a report of a sexual assault is received from a minorvictim, and the parents or guardian of the minor cannot be located promptlywith diligent effort, the examination provided for by subsection (a) of thissection may be conducted with the minor's consent. If a report of a sexualassault is received alleging a minor as the victim and a parent or guardian isthe suspected perpetrator, the parent or guardian who is the suspectedperpetrator shall not be notified pursuant to this section.

 

(f) Repealed By Laws 2006, Chapter 77, 2.

 

(g) Except as provided by subsection (j) of this section, thecosts of any examination relating to the investigation or prosecution of asexual assault shall be billed to and paid by the investigating lawenforcement agency. These examination costs shall include the following:

 

(i) The cost of gathering evidence; and

 

(ii) Any other examinations authorized by law enforcement to aidin the investigation and prosecution of the sexual assault.

 

(h) Except as provided by subsection (j) of this section, anyexamination costs directly incurred by a sexual assault victim that are notcovered by subsection (g) of this section, or other collateral source, shall besubmitted to the victim services division within the office of the attorneygeneral for determination of eligibility for payment from the crime victimscompensation account established by W.S. 1-40-114. All requests forcompensation from the account shall be subject to the eligibility guidelinesset forth in the Crime Victims Compensation Act, W.S. 1-40-101 through1-40-119.

 

(j) A convicted offender of a sexual assault shall be orderedto reimburse any costs incurred under subsections (g) and (h) of this sectionand any other costs incurred as a direct result of the sexual assault.

 

(k) Each victim reporting a sexual assault shall be informed ofthe rights enumerated in this section, the victim's rights to informed consentand the victim's rights as a victim of crime. The victim shall also beinformed of available medical, legal and advocacy services.

 

(m) The examinations authorized by this section shall remainconfidential healthcare information unless the victim or the victim's parent orlegal guardian executes a release of medical information for the purpose ofprosecution to the county attorney, the state of Wyoming or any relevant court.However, if the report of sexual assault described in subsection (a) of thissection results in the filing against any person of a criminal charge, or thefiling of a petition alleging a delinquent act which would be a felony ifcommitted by an adult, the written report disclosing the results of anexamination made pursuant to this section shall be made available to the personcharged or his counsel upon demand.

 

6-2-310. Repealed By Laws 2009, Ch. 18, 2.

 

 

6-2-311. Corroboration unnecessary.

 

Corroborationof a victim's testimony is not necessary to obtain a conviction for sexualassault.

 

6-2-312. Evidence of victim's prior sexual conduct or reputation;procedure for introduction.

 

(a) In any prosecution under this article or for any lesserincluded offense, if evidence of the prior sexual conduct of the victim,reputation evidence or opinion evidence as to the character of the victim is tobe offered the following procedure shall be used:

 

(i) A written motion shall be made by the defendant to thecourt at least ten (10) days prior to the trial stating that the defense has anoffer of proof of the relevancy of evidence of the sexual conduct of the victimand its relevancy to the defense;

 

(ii) The written motion shall be accompanied by affidavits inwhich the offer of proof is stated;

 

(iii) If the court finds the offer of proof sufficient, the courtshall order a hearing in chambers, and at the hearing allow the questioning ofthe victim regarding the offer of proof made by the defendant and otherpertinent evidence;

 

(iv) At the conclusion of the hearing, if the court finds thatthe probative value of the evidence substantially outweighs the probabilitythat its admission will create prejudice, the evidence shall be admissiblepursuant to this section. The court may make an order stating what evidence maybe introduced by the defendant, which order may include the nature of thequestions to be permitted.

 

(b) This section does not limit the introduction of evidence asto prior sexual conduct of the victim with the actor.

 

(c) Any motion or affidavit submitted pursuant to this sectionis privileged information and shall not be released or made available forpublic use or scrutiny in any manner, including posttrial proceedings.

 

6-2-313. Sexual battery.

 

(a) Except under circumstances constituting a violation of W.S.6-2-302 through 6-2-304, 6-2-314 through 6-2-317 or 6-2-502, an actor whounlawfully subjects another person to any sexual contact is guilty of sexualbattery.

 

(b) Sexual battery is a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both.

 

6-2-314. Sexual abuse of a minor in the first degree; penalties.

 

(a) An actor commits the crime of sexual abuse of a minor inthe first degree if:

 

(i) Being sixteen (16) years of age or older, the actorinflicts sexual intrusion on a victim who is less than thirteen (13) years ofage;

 

(ii) Being eighteen (18) years of age or older, the actorinflicts sexual intrusion on a victim who is less than eighteen (18) years ofage, and the actor is the victim's legal guardian or an individual specified inW.S. 6-4-402;

 

(iii) Being eighteen (18) years of age or older, the actorinflicts sexual intrusion on a victim who is less than sixteen (16) years ofage and the actor occupies a position of authority in relation to the victim.

 

(b) Except as provided in subsection (c) of this section, aperson convicted under subsection (a) of this section is subject toimprisonment for not more than fifty (50) years, unless the person convictedqualifies under W.S. 6-2-306(e).

 

(c) A person convicted under paragraph (a)(i) of this section,where the actor is at least twenty-one (21) years of age, is subject toimprisonment for not less than twenty-five (25) years nor more than fifty (50)years, unless the person convicted qualified under W.S. 6-2-306(e).

 

6-2-315. Sexual abuse of a minor in the second degree; penalties.

 

(a) Except under circumstance constituting sexual abuse of aminor in the first degree as defined by W.S. 6-2-314, an actor commits thecrime of sexual abuse of a minor in the second degree if:

 

(i) Being seventeen (17) years of age or older, the actorinflicts sexual intrusion on a victim who is thirteen (13) through fifteen (15)years of age, and the victim is at least four (4) years younger than the actor;

 

(ii) Being sixteen (16) years of age or older, the actor engagesin sexual contact of a victim who is less than thirteen (13) years of age;

 

(iii) Being eighteen (18) years of age or older, the actorengages in sexual contact with a victim who is less than eighteen (18) years ofage and the actor is the victim's legal guardian or an individual specified inW.S. 6-4-402; or

 

(iv) Being eighteen (18) years of age or older, the actorengages in sexual contact with a victim who is less than sixteen (16) years ofage and the actor occupies a position of authority in relation to the victim.

 

(b) A person convicted under subsection (a) of this section issubject to imprisonment for not more than twenty (20) years, unless the personconvicted qualifies under W.S. 6-2-306(e).

 

6-2-316. Sexual abuse of a minor in the third degree.

 

 

(a) Except under circumstance constituting sexual abuse of aminor in the first or second degree as defined by W.S. 6-2-314 and 6-2-315, anactor commits the crime of sexual abuse of a minor in the third degree if:

 

(i) Being seventeen (17) years of age or older, the actorengages in sexual contact with a victim who is thirteen (13) through fifteen(15) years of age, and the victim is at least four (4) years younger than theactor;

 

(ii) Being twenty (20) years of age or older, the actor engagesin sexual intrusion with a victim who is either sixteen (16) or seventeen (17)years of age, and the victim is at least four (4) years younger than the actor,and the actor occupies a position of authority in relation to the victim;

 

(iii) Being less than sixteen (16) years of age, the actorinflicts sexual intrusion on a victim who is less than thirteen (13) years ofage, and the victim is at least three (3) years younger than the actor; or

 

(iv) Being seventeen (17) years of age or older, the actorknowingly takes immodest, immoral or indecent liberties with a victim who isless than seventeen (17) years of age and the victim is at least four (4) yearsyounger than the actor.

 

(b) A person convicted under subsection (a) of this section issubject to imprisonment for not more than fifteen (15) years.

 

(c) A person charged with violating the provisions of paragraph(a)(iii) of this section shall be subject to the original jurisdiction of thejuvenile court, except the matter may be transferred to the district courthaving jurisdiction of the offense as provided in W.S. 14-6-237.

 

6-2-317. Sexual abuse of a minor in the fourth degree.

 

(a) Except under circumstance constituting sexual abuse of aminor in the first, second or third degree as defined by W.S. 6-2-314 through6-2-316, an actor commits the crime of sexual abuse of a minor in the fourthdegree if:

 

(i) Being less than sixteen (16) years of age, the actorengages in sexual contact with a victim who is less than thirteen (13) years ofage, and the victim is at least three (3) years younger than the actor; or

 

(ii) Being twenty (20) years of age or older, the actor engagesin sexual contact with a victim who is either sixteen (16) or seventeen (17)years of age, and the victim is at least four (4) years younger than the actor,and the actor occupies a position of authority in relation to the victim.

 

(b) A person convicted under subsection (a) of this section issubject to imprisonment for not more than five (5) years.

 

(c) A person charged with violating the provisions of paragraph(a)(i) of this section shall be subject to the original jurisdiction of thejuvenile court, except the matter may be transferred to the district courthaving jurisdiction of the offense as provided in W.S. 14-6-237.

 

6-2-318. Soliciting to engage in illicit sexual relations; penalty.

 

Except under circumstances constitutingsexual assault in the first, second or third degree as defined by W.S. 6-2-302through 6-2-304, or sexual abuse of a minor in the first, second, third orfourth degree as defined by W.S. 6-2-314 through 6-2-317, anyone who hasreached the age of majority and who solicits, procures or knowingly encouragesanyone less than the age of fourteen (14) years, or a person purported to beless than the age of fourteen (14) years, to engage in sexual intrusion asdefined in W.S. 6-2-301 is guilty of a felony, and upon conviction shall beimprisoned for a term of not more than five (5) years.

 

6-2-319. Names not to be released; restrictions on disclosures orpublication of information; violations; penalties.

 

(a) Prior to the filing of an information or indictment indistrict court charging a violation of an offense under this article, neitherthe names of the alleged actor or the victim of the charged offense nor anyother information reasonably likely to disclose the identity of the victimshall be released or negligently allowed to be released to the public by anypublic employee except as authorized by the judge with jurisdiction over thecriminal charges. The actor's name may be released to the public to aid orfacilitate an arrest.

 

(b) After the filing of an information or indictment indistrict court and absent a request to release the identity of a minor victimby the minor or another acting on behalf of a minor victim, the trial courtshall, to the extent necessary to protect the welfare of the minor victim,restrict the disclosure of the name of the minor victim, unless the name hasbeen publicly disclosed by the parent or legal guardian of the minor or by lawenforcement in an effort to find the victim. The trial court may, to theextent necessary to protect the welfare of the minor victim, restrictdisclosure of the information reasonably likely to identify the minor victim.

 

(c) Any person who willfully violates subsection (a) of thissection is guilty of a misdemeanor and upon conviction shall be fined not morethan seven hundred fifty dollars ($750.00) or be imprisoned in the county jailnot more than ninety (90) days, or both.

 

(d) A release of a name or other information to the public inviolation of the proscriptions of this section shall not stand as a bar to theprosecution of a defendant nor be grounds for dismissal of any charges againsta defendant.

 

(e) As used in this section "minor victim" means aperson less than the age of eighteen (18) years.

 

6-2-320. Prohibited access to school facilities by adult sexoffenders; exceptions; penalties; definitions.

 

(a) Except as provided in subsection (b) of this section, noperson who is eighteen (18) years of age or older who is required to registeras a sex offender pursuant to W.S. 7-19-302 shall:

 

(i) Be upon or remain on the premises of any school building orschool grounds in this state, or upon other properties owned or leased by aschool when the registered offender has reason to believe children under theage of eighteen (18) years are present and are involved in a school activity orwhen children are present within thirty (30) minutes before or after ascheduled school activity;

 

(ii) Knowingly loiter on a public way within one thousand(1,000) feet from the property line of school grounds in this state, includingother properties owned or leased by a school when children under the age ofeighteen (18) years are present and are involved in a school activity or whenchildren are present within thirty (30) minutes before or after a scheduledschool activity;

 

(iii) Be in any vehicle owned or leased by a school to transportstudents to or from school or a school related activity when children under theage of eighteen (18) years are present in the vehicle;

 

(iv) Reside within one thousand (1,000) feet of the property onwhich a school is located, measured from the nearest point of the exterior wallof the registered offender's dwelling unit to the school's property line,except that this paragraph shall not apply if the registered offender'sresidence was established prior to July 1, 2010.

 

(b) The provisions of paragraphs (a)(i) and (ii) shall notapply to the extent the registered offender:

 

(i) Is a student in attendance at the school;

 

(ii) Is attending an academic conference or other scheduledextracurricular school event with school officials present when the registeredoffender is a parent or legal guardian of a child who is participating in theconference or extracurricular event;

 

(iii) Resides at a state licensed or certified facility forincarceration, health or convalescent care that is within one thousand (1,000)feet from the property on which a school is located;

 

(iv) Is dropping off or picking up a child and the registeredoffender is the child's parent or legal guardian;

 

(v) Is temporarily on school grounds during school hours forthe purpose of making a mail, food or other delivery;

 

(vi) Is exercising his right to vote in a public election;

 

(vii) Is taking delivery of his mail through an official postoffice located on school grounds;

 

(viii) Has written permission from the school principal,vice-principal, or person with equivalent authority, to be on the schoolgrounds or upon other property that is used by a school; or

 

(ix) Stays at a homeless shelter or resides at a recoveryfacility that is within one thousand (1,000) feet from the property on which aschool is located if such shelter or facility has been approved for sexoffenders by the sheriff or police chief.

 

(c) Any person who violates the provisions of subsection (a) ofthis section is guilty of a misdemeanor and upon conviction, shall be punishedby imprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both.

 

(d) Nothing in this section shall prevent a school districtfrom adopting more stringent safety and security requirements for employees andnonemployees while they are in district facilities or on district properties.

 

(e) As used in this section:

 

(i) "Extracurricular event" means any schoolsponsored activity that is outside the regular curriculum, occurring during oroutside regular school hours, including academic, artistic, athletic orrecreational activities;

 

(ii) "Registered offender" means a person who iseighteen (18) years of age or older who is required to register as a sexoffender pursuant to W.S. 7-19-302.

 

ARTICLE 4 - ROBBERY AND BLACKMAIL

 

6-2-401. Robbery; aggravated robbery; penalties.

 

(a) A person is guilty of robbery if in the course ofcommitting a crime defined by W.S. 6-3-402 he:

 

(i) Inflicts bodily injury upon another; or

 

(ii) Threatens another with or intentionally puts him in fear ofimmediate bodily injury.

 

(b) Except as provided in subsection (c) of this section,robbery is a felony punishable by imprisonment for not more than ten (10)years.

 

(c) Aggravated robbery is a felony punishable by imprisonmentfor not less than five (5) years nor more than twenty-five (25) years if in thecourse of committing the crime of robbery the person:

 

(i) Intentionally inflicts or attempts to inflict seriousbodily injury; or

 

(ii) Uses or exhibits a deadly weapon or a simulated deadlyweapon.

 

(d) As used in this section "in the course of committingthe crime" includes the time during which an attempt to commit the crimeor in which flight after the attempt or commission occurred.

 

6-2-402. Blackmail; aggravated blackmail; penalties.

 

(a) A person commits blackmail if, with the intent to obtainproperty of another or to compel action or inaction by any person against hiswill, the person:

 

(i) Threatens bodily injury or injury to the property ofanother person; or

 

(ii) Accuses or threatens to accuse a person of a crime orimmoral conduct which would tend to degrade or disgrace the person or subjecthim to the ridicule or contempt of society.

 

(b) Except as provided in subsection (c) of this section,blackmail is a felony punishable by imprisonment for not more than ten (10)years.

 

(c) A person commits aggravated blackmail, a felony punishableby imprisonment for not less than five (5) years nor more than twenty-five (25)years if in the course of committing the crime of blackmail the person causesbodily injury to another person.

 

(d) As used in this section "in the course of committingthe crime" includes the time during which an attempt to commit the crimeor in which flight after the attempt or commission occurred.

 

(e) Conduct denoted blackmail in this section constitutes asingle offense embracing the separate crimes formerly known as blackmail andextortion.

 

6-2-403. Intimidation in furtherance of the interests of a criminal streetgang.

 

(a) A person is guilty of intimidation in furtherance of theinterests of a criminal street gang if he threatens or intimidates by word orconduct to cause physical injury to another person or damage to the property ofanother in order to promote, further or assist in the interests of or to cause,induce or solicit another person to participate in a criminal street gang.

 

(b) Intimidation in furtherance of the interests of a criminalstreet gang is a high misdemeanor punishable by imprisonment of up to one (1)year, a fine of up to one thousand dollars ($1,000.00), or both.

 

ARTICLE 5 - ASSAULT AND BATTERY

 

6-2-501. Simple assault; battery; penalties.

 

(a) A person is guilty of simple assault if, having the presentability to do so, he unlawfully attempts to cause bodily injury to another.

 

(b) A person is guilty of battery if he intentionally,knowingly or recklessly causes bodily injury to another person by use ofphysical force.

 

(c) Except as provided by subsection (e) of this section,simple assault is a misdemeanor punishable by a fine of not more than sevenhundred fifty dollars ($750.00).

 

(d) Except as provided by subsection (f) of this section,battery 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.Notwithstanding any other provision of law, the term of probation imposed by ajudge under this subsection may exceed the maximum term of imprisonmentestablished for the offense under this subsection provided the term ofprobation, together with any extension thereof, shall in no case exceed one (1)year.

 

(e) A household member as defined by W.S. 35-21-102 who isconvicted upon a plea of guilty or no contest or found guilty of simple assaultagainst any other household member, after having been convicted upon a plea ofguilty or no contest or found guilty of a violation of W.S. 6-2-501(a), (b),(e) or (f), 6-2-502, 6-2-503, 6-2-504 or other substantially similar law ofthis or any other state, tribe or territory against any other household member,is guilty of 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.

 

(f) A household member as defined by W.S. 35-21-102 who commitsa second or subsequent battery against any other household member shall bepunished as follows:

 

(i) A person convicted upon a plea of guilty or no contest orfound guilty of a second offense under this subsection against any otherhousehold member, after having been convicted upon a plea of guilty or nocontest or found guilty of a violation of W.S. 6-2-501(a), (b), (e) through(g), 6-2-502, 6-2-503, 6-2-504 or other substantially similar law of this orany other state, tribe or territory against any other household member withinthe previous five (5) years is guilty of a misdemeanor punishable byimprisonment for not more than one (1) year, a fine of not more than onethousand dollars ($1,000.00), or both. Notwithstanding any other provision oflaw, the term of probation imposed by a court under this paragraph may exceedthe maximum term of imprisonment established for this offense under thisparagraph provided the term of probation, together with any extension thereof,shall in no case exceed two (2) years;

 

(ii) A person convicted upon a plea of guilty or no contest orfound guilty of a third or subsequent offense under this subsection against anyother household member, after having been convicted upon a plea of guilty or nocontest or found guilty of a violation of W.S. 6-2-501(a), (b), (e) through(g), 6-2-502, 6-2-503, 6-2-504 or other substantially similar law of this orany other state, tribe or territory against any other household member withinthe previous ten (10) years is guilty of a felony punishable by imprisonmentfor not more than five (5) years, a fine of not more than two thousand dollars($2,000.00), or both.

 

(g) A person is guilty of unlawful contact if he:

 

(i) Touches another person in a rude, insolent or angry mannerwithout intentionally us

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