The bill amends existing laws regarding sexual assault to specifically prohibit sexual intrusion or sexual contact by peace officers with victims who are in custody. It introduces a new provision under W.S. 6-2-303(a) that defines sexual assault in the second degree when the actor is a peace officer and the victim is under arrest, being detained, or in actual custody. The bill outlines the conditions under which a peace officer can be charged, including if they are responsible for the victim's arrest or detention, or if they should reasonably know that the victim is in custody.

Additionally, the bill makes conforming amendments to W.S. 6-2-304 and W.S. 6-2-307, updating the definitions and defenses related to sexual assault. It removes certain language while adding new provisions that clarify that marriage and consent are not defenses against violations involving sexual assault in the specified circumstances. The act is set to take effect on July 1, 2023.

Statutes affected:
Introduced: 6-2-303, 6-2-304, 6-2-307