HB 9 — Grooming of children-offenses and amendments.

SORIGINAL TATE OF W YOMING 26LSO-0079 HOUSE ENGROSSED BILL NO.

HB0009 GroomingENROLLED ofACT children-offensesNO. and amendments.

Sponsored12, by:HOUSE OF REPRESENTATIVES SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING BUDGET SESSION AN ACT relating to crimes and offenses;

Joint Judiciary Interim Committee A BILL for AN ACT relating to crimes and offenses;

7 Be It Enacted by the Legislature of the State of Wyoming:

9 Section 1.

1 HB0009 STATE OF WYOMING 26LSO-0079 (i) "Electronic communication" means a sign, signal, writing, image, sound, data or intelligence of any nature transmitted or created, in whole or in part, by a wire, radio, electromagnetic, photoelectronic or photo-optical system;system or on a social media platform, gaming platform or any other digital communication service;

7 (ii) "Grooming" means behaviorbehavior, including sending an electronic communication, that seeks to prepare, induce or persuade a minor to engage in sexual conduct or exploitation, even if no meeting or sexual conduct is completed.

(B)ORIGINAL OnlineHOUSE orENGROSSED in-personBILL activities,NO. the use of third parties or indirect methods to facilitate the manipulation of a minor.

HB0009 ENROLLED ACT NO.

12, HOUSE OF REPRESENTATIVES SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING BUDGET SESSION (B) Online or in-person activities, the use of third parties or indirect methods to facilitate the manipulation of a minor.

HB0009 STATE OF WYOMING 26LSO-0079 2 (I) Sexual intercourse, whether between persons of the same or opposite sex;

5 (II) Penetration of the vagina or rectum by any object, except when done as part of a recognized medical procedure;procedure performed by a licensed medical professional;

9 (III) Bestiality;

3 HB0009 STATE OF WYOMING 26LSO-0079 (B) The depiction or observation of a child in the nude or in a state of partial undress with the purpose to:

5 (I) Abuse, humiliate, harass or degrade the child;

8ORIGINAL (II)HOUSE ToENGROSSED arouseBILL orNO. gratify the person's own sexual response or desire;

HB0009 ENROLLED ACT NO.

12, HOUSE OF REPRESENTATIVES SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING BUDGET SESSION (II) To arouse or gratify the person's own sexual response or desire;

(i) Is seventeeneighteen (17)(18) years of age or older and not less than four (4) years older than the minor;

and 4 HB0009 STATE OF WYOMING 26LSO-0079 (ii) Purposely or knowingly engages in a pattern of grooming aimed at a minor or the minor's parent or guardian with the intent to:

5 (A) Manipulate the minor into engaging in sexual conduct;

8 (B) Coerce or entice a minor under sixteen (16) years of age to meet in person to engage in sexual conduct;

(c) Except as provided in subsections (d)(d), (e) and (e)(g) of this section, grooming of a minor for a sexual offense is a felony punishable by imprisonment for not more thanORIGINAL tenHOUSE (10)ENGROSSED years,BILL aNO. fine not to exceed ten thousand dollars ($10,000.00), or both.

5 HB0009 STATEENROLLED OFACT WYOMINGNO. 26LSO-0079 (d) A person who commits grooming of a minor for a sexual offense against a minor who is younger than sixteen (16) years of age shall be guilty of a felony punishable for imprisonment of not less than four (4) years up to and including life imprisonment according to law, a fine not to exceed ten thousand dollars ($10,000.00), or both.

812, (e)HOUSE AOF personREPRESENTATIVES whoSIXTY-EIGHTH isLEGISLATURE notOF lessTHE thanSTATE eighteenOF (18)WYOMING yearsBUDGET ofSESSION age who commits the offense of grooming of a minor for a sexual offense against a minor who is less than twelvefive (12)(5) years of age shall be guilty of a felony punishable by imprisonment for not less than twenty-five (25) years, a fine not to exceed fiftyten thousand dollars ($50,000.00),($10,000.00), or both.

(d) A person who commits grooming of a minor for a sexual offense against a minor who is younger than sixteen (16) years of age but older than twelve (12) years of age shall be guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine not to exceed ten thousand dollars ($10,000.00), or both.

(e) A person who is not less than eighteen (18) years of age who commits the offense of grooming of a minor for a sexual offense against a minor who is less than twelve (12) years of age shall be guilty of a felony punishable by imprisonment for not more than fifteen (15) years, a fine not to exceed fifteen thousand dollars ($15,000.00), or both.

HB0009(g) STATEA OFperson WYOMINGwho 26LSO-0079occupies 2a Sectionposition 2.of authority in relation to the victim and who commits the offense of grooming of a minor for a sexual offense shall:

(i) Except as provided in paragraphs (ii) and (iii) of this subsection, be guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine not to exceed ten thousand dollars ($10,000.00), or both;

ORIGINAL HOUSE ENGROSSED BILL NO.

HB0009 ENROLLED ACT NO.

12, HOUSE OF REPRESENTATIVES SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING BUDGET SESSION (ii) If the minor is between twelve (12) and sixteen (16) years of age, be guilty of a felony punishable by imprisonment for not more than twenty (20) years, a fine not to exceed twenty thousand dollars ($20,000.00), or both;

(iii) If the minor is younger than twelve (12) years of age, be guilty of a felony punishable by imprisonment for not more than thirty (30) years, a fine not to exceed thirty thousand dollars ($30,000.00), or both.

Section 2.

5 6-2-301.

7 (a) As used in this article, unless otherwise defined:

6-2-510(a) or 6-2-511(a) or any similar provision of law, or any felony except murder, sexual assault in the first or second degree, grooming of a minor for a sexual offense, aggravated assault and battery or arson in the first or second degree, the court may, with the consent of the defendant and the state and without HB0009ORIGINAL STATEHOUSE OFENGROSSED WYOMINGBILL 26LSO-0079NO. entering a judgment of guilt or conviction, defer further proceedings and place the person on probation for a term not to exceed thirty-six (36) months upon terms and conditions set by the court.

HB0009 ENROLLED ACT NO.

12, HOUSE OF REPRESENTATIVES SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING BUDGET SESSION entering a judgment of guilt or conviction, defer further proceedings and place the person on probation for a term not to exceed thirty-six (36) months upon terms and conditions set by the court.