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WYOMING

Wyoming Statutes
TITLE 6 - CRIMES AND OFFENSES
CHAPTER 2 - OFFENSES AGAINST THE PERSON
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
     

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Wyoming Statutes
TITLE 6 - CRIMES AND OFFENSES
CHAPTER 4 - OFFENSES AGAINST MORALS, DECENCY AND FAMILY
ARTICLE 2 - PUBLIC INDECENCY

6-4-201. Public indecency; penalties.

(a) A person is guilty of public indecency if, while in a public place where he may reasonably be expected to be viewed by others, he:

    (i) Performs an act of sexual intrusion, as defined by W.S. 6-2-301(a)(vii); or

    (ii) Exposes his intimate parts, as defined by W.S. 6-2-301(a)(ii), with the intent of arousing the sexual desire of himself or another person; or

    (iii) Engages in sexual contact, as defined by W.S. 6-2-301(a)(vi), with or without consent, with the intent of arousing the sexual desire of himself or another person.

(b) The act of breastfeeding an infant child, including  breastfeeding in any place where the woman may legally be, does not  constitute public indecency.

(c) Public indecency 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.

HISTORY: Laws 1982, ch. 75, 3; 1983, ch. 171, 1; 2007, ch. 166, 1.

NOTES:
The 2007 amendment,
effective July 1, 2007, added (b) and redesignated former (b) as (c).

Law reviews. --

For article, "Goodbye 3-Card Monte: The Wyoming Criminal Code of 1982" (part two), see XIX Land & Water L. Rev. 509 (1984).

For article, "The Wyoming Criminal Code Revisited: Reflections after Fifteen Years," see XXXIII Land and Water L. Rev. 523 (1998).

Am. Jur. 2d, ALR and C.J.S. references. --

What constitutes "public place" within meaning of statutes prohibiting commission of sexual act in public place, 96 ALR3d 692.

Indecent exposure: what is "person," 63 ALR4th 1040.

Regulation of exposure of female, but not male breasts, 67 ALR5th 431.

What constitutes "public place" within meaning of state statute or local ordinance prohibiting indecency or commission of sexual act in public  place, 95 ALR5th 229.

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Wyoming Statutes
TITLE 6 - CRIMES AND OFFENSES
CHAPTER 4 - OFFENSES AGAINST MORALS, DECENCY AND FAMILY
ARTICLE 4 - OFFENSES AGAINST THE FAMILY

6-4-403. Abandoning or endangering children; penalties; "child"; disclosure or publication of identifying information; "minor victim".

(a) No parent, guardian or custodian of a child shall:

    (i) Abandon the child without just cause; or

    (ii) Knowingly or with criminal negligence cause, permit or contribute to the endangering of the child's life or health by violating a duty of care, protection or support.

(b) No person shall knowingly:

    (i) Cause, encourage, aid or contribute to a child's violation of any law of this state;

    (ii) Cause, encourage, aid or permit a child to enter, remain or be employed in any place or premises used for prostitution or for professional gambling;

    (iii) Commit any indecent or obscene act in the presence of a child;

    (iv) Sell, give or otherwise furnish a child any drug prohibited by law without a physician's prescription; or

    (v) Cause, encourage, aid or contribute to the endangering of a child's health, welfare or morals, by using, employing or permitting a child:

      (A) In any business enterprise which is injurious or dangerous to the health, morals, life or physical safety of the child;

      (B) In any place for purposes of begging;

      (C) To be exhibited for the purpose of displaying any deformity of a child, except to physicians, nurses or other health professionals; or

      (D) In a place used for prostitution.

      (E) Repealed By Laws 1999, ch. 180, 3.

    (vi) Conceal or refuse to reveal to the parent, guardian, lawful custodian or to a peace officer the location of a child knowing that the child has run away from a parent, guardian or lawful custodian, except when the action of the defendant is necessary to protect the child from an immediate danger to the child's welfare.

(c) A person violating this section is guilty of 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 person convicted of a second violation of this section is guilty of 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.

(d) As used in this section, "child" means a person under the age of sixteen (16) years.

(e) Subsection (b)(ii) of this section does not apply to crimes chargeable under W.S. 6-4-103(a)(i). Subsection (b)(iv) of this section does not apply to crimes chargeable under W.S. 35-7-1036.

(f) Prior to the filing of an information or indictment charging a violation of W.S. 6-4-403(b)(ii), (iii) or (v)(D) or (E), neither the name of the person accused or the victim nor any other information reasonably likely to disclose the identity of the victim 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.

(g) After the filing of an information or indictment and absent a request to release the identity of a minor victim by the victim or another acting on behalf of a minor victim, the trial court shall restrict the disclosure or publication of information reasonably likely to identify the minor victim.

(h) Any person who willfully violates subsection (f) or (g) 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.

(j) A release of a name or other information to the public in violation of the proscriptions of subsection (f) or (g) of this section shall not stand as a bar to the prosecution of a defendant or be grounds for dismissal of any charges against a defendant.

(k) As used in subsection (g) of this section, "minor victim" means a person under the age of eighteen (18) years.
 

 

 


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