HB0102 - Sex offenses-age of victim.
2001 |
State of Wyoming |
01LSO-0083.E1 ENGROSSED |
HOUSE BILL NO. HB0102
Sex offenses-age of victim.
Sponsored by: Representative(s) Meuli
A BILL
for
1 AN ACT relating to
crimes and offenses; redefining elements
2
for specified sex crimes involving child victims;
3
conforming related provisions; and providing for an
4
effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section
1. W.S. 6-2-304(a)(i), 6-2-306(d)(iii),
9
6-2-308(a), 7-19-301(a)(ii) and (xiii), 14-3-104 and
10 14-3-105(b)(i) and (ii)(C) are
amended to read:
11
12 6-2-304. Sexual assault in the third degree.
13
14 (a) An actor
commits sexual assault in the third
15 degree if, under circumstances not
constituting sexual
16 assault in the first or second
degree:
17
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1 (i) The actor
is at least four (4) years older
2
than the victim and inflicts sexual intrusion on a victim
3
under the age of sixteen (16) seventeen (17) years of
age
4 or younger; or
5
6 6-2-306. Penalties for sexual assault.
7
8 (d) An actor
who is convicted of sexual assault shall
9
be punished by life imprisonment without parole if the
10 actor has two (2) or more previous
convictions for any of
11 the following designated offenses,
which convictions
12 resulted from charges separately
brought and which arose
13 out of separate occurrences in this
state or elsewhere:
14
15 (iii) A
conviction under W.S. 14-3-105(a), or a
16 criminal statute containing the same
or similar elements as
17 the crime defined by W.S. 14-3-105(a),
if the circumstances
18 of the crime involved a victim who
was under the seventeen
19 (17) years of age of
sixteen (16) or younger at the
time of
20 the offense and an actor who was at
least four (4) years
21 older than the victim.
22
23 6-2-308. Criminality of conduct; victim's age.
24
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1 (a) Except as
provided by subsection (b) of this
2
section, if criminality of conduct in this article depends
3
on a victim being under sixteen (16) seventeen (17) years
4
of age or younger, it is an
affirmative defense that the
5
actor reasonably believed that the victim was sixteen (16) 6 eighteen (18) years of age
or older.
7
8 7-19-301. Definitions.
9
10 (a) For purposes of this act:
11
12 (ii) "Aggravated
sex offense" means sexual
13 assault under W.S. 6-2-302
regardless of the age of the
14 victim, W.S. 6-2-303 regardless of
the age of the victim,
15 W.S. 6-2-304(a)(ii), or an offense
under W.S.
16 6-2-304(a)(iii) if the victim was under the seventeen (17)
17 years of age of
sixteen (16) or younger,
incest under W.S.
18 6-4-402, or an offense under W.S. 14-3-105
provided the
19 victim was under the age of sixteen
(16) and the offender
20 was at least four (4) years older
than the victim, or an
21 attempt to commit an offense
enumerated in this paragraph.
22 "Aggravated sex offense"
includes an offense committed in
23 another jurisdiction, including a
federal court or courts
24 martial, which, if committed in this
state, would
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1 constitute
an "aggravated sex offense" as defined in this
2
paragraph;
3
4 (xiii) "Sex
offense" means the offenses of
5
sexual assault under W.S. 6-2-304(a)(i) or 6-2-304(a)(iii)
6
if the victim is sixteen (16) eighteen (18) years of age or
7
older, conspiracy to commit sexual assault as defined by
8
W.S. 6-2-301(a)(v), indecent liberties under W.S. 14-3-105
9
provided the victim was at least sixteen (16) and less than
10 eighteen (18) years of age and the
offender was at least
11 four (4) years older than the
victim, or an attempt to
12 commit an offense enumerated in this
paragraph. "Sex
13 offense" includes an offense
committed in another
14 jurisdiction, including a federal
court or courts martial,
15 which, if committed in this state,
would constitute a "sex
16 offense" as defined in this
paragraph;
17
18 14-3-104. Soliciting to engage in illicit
sexual
19 relations; penalty.
20
21 Except under circumstance constituting
sexual assault in
22 the first, second or third degree as
defined by W.S.
23 6-2-302 through 6-2-304, anyone who
solicits, procures or
24 knowingly encourages anyone under the seventeen
(17) years
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1 of age of sixteen (16)
years or younger to engage in
2
illicit sexual penetration or sexual intrusion as defined
3
in W.S. 6-2-301 is guilty of a felony, and upon conviction
4
shall be imprisoned for a term not more than five (5)
5
years.
6
7 14-3-105. Immoral or indecent acts; penalty.
8
9 (b) An actor convicted under subsection (a) of this
10 section shall be punished by life
imprisonment without
11 parole if:
12
13 (i) The circumstances of the crime involve a 14
victim who was under the age of sixteen (16) at the time of 15
the offense and an actor who was at least four
(4) years
16 older than the victim at the time of the offense; and
17
18 (ii) The
actor has two (2) or more previous
19 convictions for any of the following
designated offenses,
20 which convictions resulted from
charges separately brought
21 and which arose out of separate
occurrences in this state
22 or elsewhere:
23
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1 (C) A conviction under W.S. 14-3-105(a), or
2
a criminal statute containing the same or similar elements
3
as the crime defined by W.S. 14-3-105(a), if the
4
circumstances of the crime involved a victim who was under 5
the age of sixteen (16) a child at the time of the offense
6
and an actor who was at least four (4) years older than the
7
victim.
8
9 Section 2. This act is effective July 1, 2001.
10
11 (END)
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