HB0102 - Sex offenses-age of victim.
|
2001 |
State of Wyoming |
01LSO-0083 |
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)
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
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
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
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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