1999 State of Wyoming 99LSO-0457
HOUSE BILL NO. HB0189 [SUBSTITUTE NO. 1]
Sexual exploitation of children.
Sponsored by: Representative(s) Rose, T., Eyre and Johnson,
W. and Senator(s) Meier and Roberts
A BILL
for
1 AN ACT relating to crimes and offenses; establishing crimes
2 relating to the sexual exploitation of children; providing
3 penalties; providing for forfeiture as specified; providing
4 definitions; and providing for an effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section 1. W.S. 6-4-303 is created to read:
9
10 6-4-303. Sexual exploitation of children; penalties;
11 definitions.
12
13 (a) As used in this section:
14
15 (i) "Child" means a person under the age of
16 eighteen (18) years;
17
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1 (ii) "Child pornography" means any visual
2 depiction, including any photograph, film, video, picture,
3 computer or computer-generated image or picture, whether or
4 not made or produced by electronic, mechanical or other
5 means, of explicit sexual conduct, where:
6
7 (A) The production of the visual depiction
8 involves the use of a child engaging in explicit sexual
9 conduct;
10
11 (B) The visual depiction is, or appears to
12 be, of a child engaging in explicit sexual conduct;
13
14 (C) The visual depiction has been created,
15 adapted or modified to appear that a child is engaging in
16 explicit sexual conduct; or
17
18 (D) The visual depiction is advertised,
19 promoted, described or distributed in a manner that conveys
20 the impression that the material is, or contains, a visual
21 depiction of a child engaging in explicit sexual conduct.
22
23 (iii) "Explicit sexual conduct" means actual or
24 simulated sexual intercourse, including genital-genital,
25 oral-genital, anal-genital or oral-anal, between persons of
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1 the same or opposite sex, bestiality, masturbation, sadistic
2 or masochistic abuse or lascivious exhibition of the
3 genitals or pubic area of any person;
4
5 (iv) "Visual depiction" means developed and
6 undeveloped film and videotape, and data stored on computer
7 disk or by electronic means which is capable of conversion
8 into a visual image.
9
10 (b) A person is guilty of sexual exploitation of a
11 child if, for any purpose, he knowingly:
12
13 (i) Causes, induces, entices, coerces or permits
14 a child to engage in, or be used for, the making of child
15 pornography;
16
17 (ii) Causes, induces, entices or coerces a child
18 to engage in, or be used for, any explicit sexual conduct;
19
20 (iii) Manufactures, generates, creates, receives,
21 distributes, reproduces, delivers or possesses with the
22 intent to deliver, including through digital or electronic
23 means, whether or not by computer, any child pornography;
24
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1 (iv) Possesses child pornography, except that
2 this paragraph shall not apply to:
3
4 (A) Peace officers, court personnel or
5 district attorneys engaged in the lawful performance of
6 their official duties;
7
8 (B) Physicians, psychologists, therapists or
9 social workers, provided such persons are duly licensed in
10 Wyoming and the persons possess such materials in the course
11 of a bona fide treatment or evaluation program at the
12 treatment or evaluation site;
13
14 (C) Bona fide school, college, university or
15 public library activities or in the course of employment of
16 such an organization; or
17
18 (D) Counsel for a person charged under this
19 section.
20
21 (c) The sexual exploitation of a child pursuant to
22 paragraphs (b)(i) through (iii) of this section is a felony
23 punishable by imprisonment for not less than two (2) years,
24 nor more than twelve (12) years, a fine of not more than ten
25 thousand dollars ($10,000.00), or both.
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1
2 (d) The sexual exploitation of a child by possession
3 of sexually exploitive material pursuant to paragraph
4 (b)(iv) of this section is a misdemeanor punishable by
5 imprisonment not to exceed one (1) year, a fine of not more
6 than seven hundred fifty dollars ($750.00), or both.
7
8 (e) A second or subsequent conviction pursuant to
9 paragraphs (b)(i) through (iii) of this section, or of a
10 substantially similar law of any other jurisdiction, or any
11 violation of this section involving child pornography
12 depicting a child under the age of twelve (12) years, is a
13 felony punishable by imprisonment for not less than four (4)
14 years, nor more than twelve (12) years, a fine of not more
15 than ten thousand dollars ($10,000.00), or both.
16
17 (f) A second or subsequent conviction pursuant to
18 paragraph (b)(iv) of this section, or of any substantially
19 similar law is a felony punishable by imprisonment not to
20 exceed three (3) years, a fine of not more than three
21 thousand dollars ($3,000.00), or both.
22
23 (g) Any person who is convicted of an offense under
24 this section shall forfeit to the state the person's
25 interest in:
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1
2 (i) Any visual depiction of a child engaging in
3 explicit sexual conduct in violation of this section, or any
4 book, magazine, periodical, film, videotape or other matter
5 which contains any such visual depiction, which was
6 produced, transported, mailed, shipped, possessed or
7 received in violation of this section;
8
9 (ii) Any property, real or personal, constituting
10 or traceable to gross proceeds obtained from such offense;
11
12 (iii) Any property, real or personal, used or
13 intended to be used to commit or to promote the commission
14 of such offense.
15
16 Section 2. W.S. 6-4-403(b)(v)(C) and (D) is amended to
17 read:
18
19 6-4-403. Abandoning or endangering children;
20 penalties; "child"; disclosure or publication of identifying
21 information; "minor victim".
22
23 (b) No person shall knowingly:
24
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1 (v) Cause, encourage, aid or contribute to the
2 endangering of a child's health, welfare or morals, by
3 using, employing or permitting a child:
4
5 (C) To be exhibited for the purpose of
6 displaying any deformity of a child, except to physicians,
7 nurses or other health professionals;or
8
9 (D) In a place used for prostitution.; or
10
11 Section 3. W.S. 6-4-403(b)(v)(E) is repealed.
12
13 Section 4. This act is effective July 1, 1999.
14
15 (END)
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