2023 23LSO-0650
STATE OF WYOMING
HOUSE BILL NO. HB0241
Prohibiting sexual relations with persons in police custody.
Sponsored by: Representative(s) Yin, Andrew and Provenza
A BILL
for
1 AN ACT relating to crimes and offenses; prohibiting sexual
2 intrusion or sexual contact by a peace officer with a
3 victim that is in custody as specified; making conforming
4 amendments; 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. 6-2-303(a) by creating a new
9 paragraph (x), 6-2-304(a)(iii) and 6-2-307 are amended to
10 read:
11
12 6-2-303. Sexual assault in the second degree.
13
14 (a) Any actor who inflicts sexual intrusion on a
15 victim commits sexual assault in the second degree if,
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1 under circumstances not constituting sexual assault in the
2 first degree:
3
4 (x) The actor is a peace officer as defined by
5 W.S. 6-1-104(a)(vi) or 7-2-101(a)(iv) and the victim is
6 under arrest, being detained or is otherwise in the actual
7 custody of law enforcement and the actor:
8
9 (A) Is responsible for effecting the arrest
10 of the victim, detaining the victim or maintaining the
11 victim in actual custody; or
12
13 (B) Knows, or reasonably should know, that
14 the victim is under arrest, being detained or is in actual
15 custody.
16
17 6-2-304. Sexual assault in the third degree.
18
19 (a) An actor commits sexual assault in the third
20 degree if, under circumstances not constituting sexual
21 assault in the first or second degree:
22
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1 (iii) The actor subjects a victim to sexual
2 contact under any of the circumstances of W.S.
3 6-2-302(a)(i) through (iv) or 6-2-303(a)(i) through (vii),
4 and (ix) or (x) without inflicting sexual intrusion on the
5 victim and without causing serious bodily injury to the
6 victim.
7
8 6-2-307. Evidence of marriage as defense.
9
10 (a) The fact that the actor and the victim are
11 married to each other is not by itself a defense to a
12 violation of W.S. 6-2-302(a)(i), (ii) or (iii) or
13 6-2-303(a)(i), (ii), (iii), (vi), or (vii) or (x).
14
15 (b) Consent of the victim is not a defense to a
16 violation of W.S. 6-2-303(a)(vii), (x) or 6-2-304(a)(iii).
17
18 Section 2. This act is effective July 1, 2023.
19
20 (END)
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Statutes affected:
Introduced: 6-2-303, 6-2-304, 6-2-307