Age of Consent Questions for wyoming

Q&A on statutory rape laws, age of consent laws, sexual assault laws for wyoming. Ask your Question

Wyoming Age of Consent / Statutory Rape Statutes

:: May 12, 2008 19:49

What is the statutes address the age difference between a minor and an adult? I am trying to find this statute to give to a seventh grade class I am teaching in the morning.

Below, I've outlined the statutes, including the definitions of terms used within the statutes. These are important as they define confusing terms such as "sexual contact", "sexual intrusion". Knowing the legal definitions clarifies the intent of the law. The Wyoming statutes are found at http://legisweb.state.wy.us/statutes/statutes.aspx under Title 6 - Crimes and Offenses Chapter 2 Offenses against the person Aritcle 3 Sexual Assault

6-2-301 Definitions

Definitions of terminology written into the laws (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 6-2-319.

6-2-314. Sexual abuse of a minor in the first degree; penalties.

(a) An actor commits the crime of sexual abuse of a minor in the first degree if: (i) Being sixteen (16) years of age or older, the actor inflicts sexual intrusion on a victim who is less than thirteen (13) years of age; (ii) Being eighteen (18) years of age or older, the actor inflicts sexual intrusion on a victim who is less than eighteen (18) years of age, and the actor is the victim's legal guardian or an individual specified in W.S. 6-4-402; (iii) Being eighteen (18) years of age or older, the actor inflicts sexual intrusion on a victim who is less than sixteen (16) years of age and the actor occupies a position of authority in relation to the victim. (b) A person convicted under subsection (a) of this section is subject to imprisonment for not more than fifty (50) years, unless the person convicted qualifies under W.S. 6-2-306(e).

6-2-315. Sexual abuse of a minor in the second degree; penalties.

(a) Except under circumstance constituting sexual abuse of a minor in the first degree as defined by W.S. 6-2-314, an actor commits the crime of sexual abuse of a minor in the second degree if: (i) Being seventeen (17) years of age or older, the actor inflicts sexual intrusion on a victim who is thirteen (13) through fifteen (15) years of age, and the victim is at least four (4) years younger than the actor; (ii) Being sixteen (16) years of age or older, the actor engages in sexual contact of a victim who is less than thirteen (13) years of age; (iii) Being eighteen (18) years of age or older, the actor engages in sexual contact with a victim who is less than eighteen (18) years of age and the actor is the victim's legal guardian or an individual specified in W.S. 6-4-402; or (iv) Being eighteen (18) years of age or older, the actor engages in sexual contact with a victim who is less than sixteen (16) years of age and the actor occupies a position of authority in relation to the victim. (b) A person convicted under subsection (a) of this section is subject to imprisonment for not more than twenty (20) years, unless the person convicted qualifies under W.S. 6-2-306(e).

6-2-316. Sexual abuse of a minor in the third degree.

(a) Except under circumstance constituting sexual abuse of a minor in the first or second degree as defined by W.S. 6-2-314 and 6-2-315, an actor commits the crime of sexual abuse of a minor in the third degree if: (i) Being seventeen (17) years of age or older, the actor engages in sexual contact with a victim who is thirteen (13) through fifteen (15) years of age, and the victim is at least four (4) years younger than the actor; (ii) Being twenty (20) years of age or older, the actor engages in sexual intrusion with a victim who is either sixteen (16) or seventeen (17) years of age, and the victim is at least four (4) years younger than the actor, and the actor occupies a position of authority in relation to the victim; (iii) Being less than sixteen (16) years of age, the actor inflicts sexual intrusion on a victim who is less than thirteen (13) years of age, and the victim is at least three (3) years younger than the actor; or (iv) Being seventeen (17) years of age or older, the actor knowingly takes immodest, immoral or indecent liberties with a victim who is less than seventeen (17) years of age and the victim is at least four (4) years younger than the actor. (b) A person convicted under subsection (a) of this section is subject to imprisonment for not more than fifteen (15) years. (c) A person charged with violating the provisions of paragraph (a)(iii) of this section shall be subject to the original jurisdiction of the juvenile court, except the matter may be transferred to the district court having jurisdiction of the offense as provided in W.S. 14-6-237.

6-2-317. Sexual abuse of a minor in the fourth degree.

(a) Except under circumstance constituting sexual abuse of a minor in the first, second or third degree as defined by W.S. 6-2-314 through 6-2-316, an actor commits the crime of sexual abuse of a minor in the fourth degree if: (i) Being less than sixteen (16) years of age, the actor engages in sexual contact with a victim who is less than thirteen (13) years of age, and the victim is at least three (3) years younger than the actor; or (ii) Being twenty (20) years of age or older, the actor engages in sexual contact with a victim who is either sixteen (16) or seventeen (17) years of age, and the victim is at least four (4) years younger than the actor, and the actor occupies a position of authority in relation to the victim. (b) A person convicted under subsection (a) of this section is subject to imprisonment for not more than five (5) years. (c) A person charged with violating the provisions of paragraph (a)(i) of this section shall be subject to the original jurisdiction of the juvenile court, except the matter may be transferred to the district court having jurisdiction of the offense as provided in W.S. 14-6-237.

6-2-318. Soliciting to engage in illicit sexual relations; penalty.

Except under circumstance constituting sexual assault in the first, second or third degree as defined by W.S. 6-2-302 through 6-2-304, or sexual abuse of a minor in the first, second, third or fourth degree as defined by W.S. 6-2-314 through 6-2-317, anyone who has reached the age of majority and who solicits, procures or knowingly encourages anyone less than the age of fourteen (14) years, or a person purported to be less than the age of fourteen (14) years, to engage in sexual intrusion as defined in W.S. 6-2-301 is guilty of a felony, and upon conviction shall be imprisoned for a term of not more than five (5) years.

Sexual Assault or Lies about age

:: January 09, 2008 03:53

If a guy 21 years old has "conscentual sex" with a girl who lied about her age stating she was 18, when she was really 15, and the guy honestly believed she was old enough, can the guy use the "criminality of conduct" as a defense, or is he guilty? And was are the consequences for said act?

Criminality of Conduct is an accepted defense where the charges are filed based soley on the age of the victim; where the victim lied to the actor and the actor had a reasonable belief that the age of the victim was older than 16. Things that can help establish this defense or a "reasonable belief" would be, if he met her in an establishment where alcohol was served and it was reasonable to assume that all who dwell within the establishment are of legal age to drink; or, if she worked at an establishment known only to hire people 18 years of age or older; any evidence or scenario that is compelling enough to prove that a reasonable person would have believed the same, can be used as a defense. If the 21 year old has been charged with a crime in this situation, we would strongly encourage he seek advice of Wyoming attorney prior to using this defense and prior to any court appearances.

    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.
Without knowing what the charge is, if any, it would be is difficult to say exactly what the consequence might be. There is a range of violations that this might fall under depending on the circumstances and a range of punishments from 1 year all the way up to 20 years in prison.

Punishment for those under age of consent?

:: July 08, 2007 23:59

Is there any punishment for a 15 year old girl who has consented to sex with a 19 year old boy? Would this be a charge of third degree sexual assault against the male? If found guilty, would he have to register as a sex offender?

WY Statute 6-2-304 "Sexual Assault in the third degree" was REPEALED in July 2007. It has been replaced with the following:

6-2-314. Sexual abuse of a minor in the first degree; penalties.
(a) An actor commits the crime of sexual abuse of a minor in the first degree if: (i) Being sixteen (16) years of age or older, the actor inflicts sexual intrusion on a victim who is less than thirteen (13) years of age; (ii) Being eighteen (18) years of age or older, the actor inflicts sexual intrusion on a victim who is less than eighteen (18) years of age, and the actor is the victim's legal guardian or an individual specified in W.S. 6-4-402; (iii) Being eighteen (18) years of age or older, the actor inflicts sexual intrusion on a victim who is less than sixteen (16) years of age and the actor occupies a position of authority in relation to the victim. (b) A person convicted under subsection (a) of this section is subject to imprisonment for not more than fifty (50) years, unless the person convicted qualifies under W.S. 6-2-306(e).
6-2-315. Sexual abuse of a minor in the second degree; penalties.
(a) Except under circumstance constituting sexual abuse of a minor in the first degree as defined by W.S. 6-2-314, an actor commits the crime of sexual abuse of a minor in the second degree if: (i) Being seventeen (17) years of age or older, the actor inflicts sexual intrusion on a victim who is thirteen (13) through fifteen (15) years of age, and the victim is at least four (4) years younger than the actor; (ii) Being sixteen (16) years of age or older, the actor engages in sexual contact of a victim who is less than thirteen (13) years of age; (iii) Being eighteen (18) years of age or older, the actor engages in sexual contact with a victim who is less than eighteen (18) years of age and the actor is the victim's legal guardian or an individual specified in W.S. 6-4-402; or (iv) Being eighteen (18) years of age or older, the actor engages in sexual contact with a victim who is less than sixteen (16) years of age and the actor occupies a position of authority in relation to the victim. (b) A person convicted under subsection (a) of this section is subject to imprisonment for not more than twenty (20) years, unless the person convicted qualifies under W.S. 6-2-306(e).
6-2-316. Sexual abuse of a minor in the third degree.
(a) Except under circumstance constituting sexual abuse of a minor in the first or second degree as defined by W.S. 6-2-314 and 6-2-315, an actor commits the crime of sexual abuse of a minor in the third degree if: (i) Being seventeen (17) years of age or older, the actor engages in sexual contact with a victim who is thirteen (13) through fifteen (15) years of age, and the victim is at least four (4) years younger than the actor; (ii) Being twenty (20) years of age or older, the actor engages in sexual intrusion with a victim who is either sixteen (16) or seventeen (17) years of age, and the victim is at least four (4) years younger than the actor, and the actor occupies a position of authority in relation to the victim; (iii) Being less than sixteen (16) years of age, the actor inflicts sexual intrusion on a victim who is less than thirteen (13) years of age, and the victim is at least three (3) years younger than the actor; or (iv) Being seventeen (17) years of age or older, the actor knowingly takes immodest, immoral or indecent liberties with a victim who is less than seventeen (17) years of age and the victim is at least four (4) years younger than the actor. (b) A person convicted under subsection (a) of this section is subject to imprisonment for not more than fifteen (15) years. (c) A person charged with violating the provisions of paragraph (a)(iii) of this section shall be subject to the original jurisdiction of the juvenile court, except the matter may be transferred to the district court having jurisdiction of the offense as provided in W.S. 14-6-237.
6-2-317. Sexual abuse of a minor in the fourth degree.
(a) Except under circumstance constituting sexual abuse of a minor in the first, second or third degree as defined by W.S. 6-2-314 through 6-2-316, an actor commits the crime of sexual abuse of a minor in the fourth degree if: (i) Being less than sixteen (16) years of age, the actor engages in sexual contact with a victim who is less than thirteen (13) years of age, and the victim is at least three (3) years younger than the actor; or (ii) Being twenty (20) years of age or older, the actor engages in sexual contact with a victim who is either sixteen (16) or seventeen (17) years of age, and the victim is at least four (4) years younger than the actor, and the actor occupies a position of authority in relation to the victim. (b) A person convicted under subsection (a) of this section is subject to imprisonment for not more than five (5) years. (c) A person charged with violating the provisions of paragraph (a)(i) of this section shall be subject to the original jurisdiction of the juvenile court, except the matter may be transferred to the district court having jurisdiction of the offense as provided in W.S. 14-6-237.
6-2-318. Soliciting to engage in illicit sexual relations; penalty.
Except under circumstance constituting sexual assault in the first, second or third degree as defined by W.S. 6-2-302 through 6-2-304, or sexual abuse of a minor in the first, second, third or fourth degree as defined by W.S. 6-2-314 through 6-2-317, anyone who has reached the age of majority and who solicits, procures or knowingly encourages anyone less than the age of fourteen (14) years, or a person purported to be less than the age of fourteen (14) years, to engage in sexual intrusion as defined in W.S. 6-2-301 is guilty of a felony, and upon conviction shall be imprisoned for a term of not more than five (5) years.

Dating w/out sexual activities

:: November 19, 2006 23:03

My boyfriend is 21, and I am 16. Recently, we were forced to break up because someone in our town threatened to turn is in, purely based on our age difference of five years. However, we have never engaged in any sexual activities what so ever because we were unsure of what the law actually states. I want to know- is still ok for us to be dating, as long as we do not engage in any sexual activities? Also, does a parent consent make it legal? Is it ok to kiss? And if this person who threatened us turns him in anyway, will he have to go to jail even though we've done nothing sexual?

Wyoming Statute 6-2-304. Sexual assault in the third degree is committed when: (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; At sixteen, you are excluded from this statute; however, you are still considered a minor under the law. The 21 year old must have your parents consent to date you. With their consent to date, kissing would be OK. It is important to remember, if you are together and engage in activities that may be legal for a 21 year old, but not legal for a 16 year old, such as drinking, smoking etc..., he can be held legally accontable and could go to jail for contributing to the delinquency of a minor among other things. If he does not have your parents consent to be with you, this could be a very big problem for him legally. The key keeping this legal is "With your parents consent."

second degree sexual assault

:: October 24, 2006 14:08

What is the definition of second degree sexual assault in Casper Wyoming?

Second Degree sexual assault falls under the definition of a "Violent felony" under Wyoming Statute "Crimes and Offenses" Title 6 Chapter 4-104 xii. Under Wyoming Statute Title 6 Chapter 2-303 Sexual Assault in the second degree is defined as follows: (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. Source: Wyoming legislative Services Office. http://legisweb.state.wy.us/statutes/statutes.aspx Wyoming Copyrights and Disclaimers apply.