Disclaimer Contents State List
The information provided is not
for commercial use it is intended only for informational use. There has been
no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
URL : LEGIS.WEB
LEGISWEB.STATE.WY.US
Title 6
Crimes and Offenses
Article 3
Sexual Assault
6-2-301. Definitions.
(a) As used in this article:
(i) "Actor" means the person
accused of criminal assault;
(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, asleep or otherwise physically unable to communicate unwillingness
to act;
(iv) "Position of authority" means
that position occupied by a parent, guardian, relative, household member,
teacher, employer, custodian or any other person who, by reason of his
position, is able to exercise significant influence over a person;
(v) "Sexual assault" means any act
made criminal pursuant to W.S. 6‑2‑302 through 6‑2‑304;
(vi) "Sexual contact" means
touching, with the intention of sexual arousal, gratification or abuse, of the
victim's intimate parts by the actor, or of the actor's intimate parts by the
victim, or of the clothing 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 of a person's body, except the mouth, tongue or penis, into the
genital or anal opening of another person's body if that sexual intrusion can
reasonably be construed as being for the purposes of sexual arousal,
gratification or abuse; or
(B) Sexual intercourse, cunnilingus, fellatio,
analingus or anal intercourse with or without emission.
(viii) "Victim" means the person
alleged to have been subjected to sexual assault;
(ix) "This article" means W.S. 6‑2‑301
through 6‑2‑313.
6-2-302. Sexual assault in the first
degree.
(a) Any actor who inflicts sexual intrusion on a
victim commits a sexual assault in the first degree if:
(i) The actor causes submission of the victim
through the actual application, reasonably calculated to cause submission of
the victim, of physical force or forcible confinement;
(ii) The actor causes submission of the victim by
threat of death, serious bodily injury, extreme physical pain or kidnapping to
be inflicted on anyone and the victim reasonably believes that the actor has
the present ability to execute these threats;
(iii) The victim is physically helpless, and the
actor knows or reasonably should know that the victim is physically helpless
and that the victim has not consented; or
(iv) The actor knows or reasonably should know that
the victim through a mental illness, mental deficiency or developmental
disability is incapable 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 commits sexual assault in the second degree if, under circumstances not
constituting sexual assault in the first degree:
(i) The actor causes submission of the victim by
threatening to retaliate in the future against the victim or the victim's
spouse, parents, brothers, sisters or children, and the victim reasonably
believes the actor will execute this threat. "To retaliate" includes
threats of kidnapping, death, serious bodily injury or extreme physical pain;
(ii) The actor causes submission of the victim by
any means that would prevent resistance by a victim of ordinary resolution;
(iii) The actor administers, or knows that someone
else administered to the victim, without the prior knowledge or consent of the
victim, any substance which substantially impairs the victim's power to
appraise or control his conduct;
(iv) The actor knows or should reasonably know that
the victim submits erroneously believing the actor to be the victim's spouse;
(v) At the time of the commission of the act the
victim is less than twelve (12) years of age and the actor is at least four (4)
years older than the victim;
(vi) The actor is in a position of authority over
the victim and uses this position of authority to cause the victim to submit;
or
(vii) The actor inflicts sexual intrusion in
treatment or examination of a victim for purposes or in a manner substantially
inconsistent with reasonable medical practices.
(b) A person is guilty of sexual assault in the
second degree if he subjects another person to sexual contact and causes
serious bodily injury to the victim under any of the circumstances listed in
W.S. 6-2-302(a)(i) through (iv) or paragraphs (a)(i) through (vi) 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
second degree:
(i) The actor is at least four (4) years older
than the victim and inflicts sexual intrusion on a victim under the age of
sixteen (16) years; or
(ii) The actor is an adult and subjects a victim
under the age of fourteen (14) years to sexual contact without inflicting
sexual intrusion on the victim and without causing serious bodily injury to the
victim;
(iii) The actor subjects a victim to sexual contact
under any of the circumstances of W.S. 6‑2‑302(a)(i) through (iv)
or 6‑2‑303(a)(i) through (vi) without inflicting sexual intrusion
on the victim and without causing serious 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 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 is a felony punishable by imprisonment for not less than five (5) years
nor more than fifty (50) years;
(ii) Sexual assault
in the second degree is a felony punishable by imprisonment for not more than
twenty (20) years;
(iii) Sexual assault
in the third degree is a felony 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 and who does not qualify under the criteria of subsection (d) of
this section shall be punished by the extended terms of subsection (c) of this
section if:
(i) He is being sentenced for two
(2) or more separate acts of sexual assault in the first or second degree;
(ii) He previously
has been convicted of any crime containing the same or similar elements as the
crimes defined in W.S. 6-2-302 or 6-2-303.
(c) An actor convicted of sexual
assault who qualifies under the criteria of subsection (b) of this section
shall be punished as follows:
(i) Sexual assault in the first or
second degree is a felony punishable by imprisonment for not less than five (5)
years or for life;
(ii) Sexual assault
in the third degree is a felony punishable by imprisonment for not more than
twenty (20) years;
(iii) Repealed By
Laws 1997, ch. 135, § 2.
(d) An actor who is convicted of
sexual assault shall be punished by life imprisonment without parole if the
actor has two (2) or more previous convictions for any of the following
designated offenses, which convictions resulted from charges separately brought
and which arose out of separate occurrences in this state or elsewhere:
(i) A crime defined in W.S. 6‑2‑302
through 6‑2‑304 or a criminal statute containing the same or
similar elements as a crime defined by W.S. 6‑2‑302 through 6‑2‑304;
(ii) Repealed By
Laws 1997, ch. 135, § 2.
(iii) A conviction
under W.S. 14‑3‑105(a), or a criminal statute containing the same
or similar elements as the crime defined by W.S. 14‑3‑105(a), if
the circumstances of the crime involved a victim who was under the age of
sixteen (16) at the time of the offense and an actor who was at least four (4)
years older than the victim.
6‑2‑308. Criminality
of conduct; victim's age.
(a) Except as provided by subsection (b) of this
section, if criminality of conduct in this article depends on a victim being
under sixteen (16) years of age, it is an affirmative defense that the actor
reasonably believed that the victim was sixteen (16) years of age or older.
(b) If criminality of conduct in this article
depends upon a victim being under twelve (12) years or under fourteen (14)
years, it is no defense that the actor did not know the victim's age, or that
he reasonably believed that the victim was twelve (12) years or fourteen (14)
years of age or older, as applicable.
6‑2‑313. Sexual battery.
(a) Except under circumstances constituting a
violation of W.S. 6‑2‑302 through 6‑2‑304, 6‑2‑502
or 14‑3‑105, an actor who unlawfully subjects another person to any
sexual contact is guilty of sexual battery.
(b) Sexual battery is a misdemeanor punishable by
imprisonment for not more than one (1) year, a fine of not more than one
thousand dollars ($1,000.00), or both.
(a) A person commits blackmail if, with the intent
to obtain property of another or to compel action or inaction by any person
against his will, the person:
(i) Threatens bodily injury or injury to the
property of another person; or
(ii) Accuses or threatens to accuse a person of a
crime or immoral conduct which would tend to degrade or disgrace the person or
subject him 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 punishable by 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 causes bodily injury to another person.
(d) As used in this section "in the course of
committing the crime" includes the time during which an attempt to commit
the crime or in which flight after the attempt or commission occurred.
(e) Conduct denoted blackmail in this section
constitutes a single offense embracing the separate crimes formerly known as
blackmail and extortion.
ARTICLE
4
OFFENSES
AGAINST THE FAMILY
6‑4‑402. Incest; penalties;
disclosure or publication of identifying information; "minor victim".
(a) A person is guilty of incest if he knowingly
commits sexual intrusion, as defined by W.S. 6-2-301(a)(vii), or sexual contact,
as defined by W.S. 6-2-301(a)(vi), with an ancestor or descendant or a brother
or sister of the whole or half blood. The relationships referred to herein
include relationships of:
(i) Parent and child by adoption;
(ii) Blood relationships without regard to
legitimacy; and
(iii) Stepparent and stepchild.
(b) Incest is a felony punishable by imprisonment
for not more than five (5) years, a fine of not more than five thousand dollars
($5,000.00), or both.
(c) Prior to the filing of an information or indictment
charging a violation under this section, neither the name of the person accused
or the victim nor any other information reasonably likely to disclose their
identity shall be released or negligently allowed to be released to the public
by any public employee, except as authorized by the judge with jurisdiction
over the criminal charges. The name of the person accused may be released to
the public to aid or facilitate an arrest.
(d) After the filing of an information or
indictment and upon the request of a minor victim or another acting on behalf
of a minor victim, the trial court may, to the extent necessary to protect the
welfare of the minor victim, restrict the disclosure or publication of
information reasonably likely to identify the minor victim.
(e) Any person who willfully violates subsection
(c) or (d) of this section or who willfully neglects or refuses to obey any
court order made pursuant thereto is guilty of contempt and, upon conviction,
shall be fined not more than seven hundred fifty dollars ($750.00) or be
imprisoned in the county jail not more than ninety (90) days, or both.
(f) A release of a name or other information to
the public in violation of the proscriptions of subsection (c) or (d) of this
section shall not stand as a bar to the prosecution of a defendant nor be
grounds for dismissal of any charges against a defendant.
(g) As used in this section, "minor
victim" means a person under the age of eighteen (18) years.
Criminal Statute of Limitations
Research in progress
My email true_perspective@yahoo.com
Return to the top
Revised 10/04