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) Except as provided in subsection (c) of this section, 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).
(c) A person convicted under paragraph (a)(i) of this section, where the actor is at least twenty-one (21) years of age, is subject to imprisonment for not less than twenty-five (25) years nor more than fifty (50) years, unless the person convicted qualified 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 circumstances 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.
6-2-319. Names not to be released; restrictions on
disclosures or publication of information; violations; penalties.
(a) Prior to the filing of an information or indictment in district court charging a violation of an offense under this article, neither the names of the alleged actor or the victim of the charged offense nor any other information reasonably likely to disclose the identities of the parties shall be released or negligently allowed to be released to the public by any public employee except as authorized by the judge with jurisdiction over the criminal charges. The actor's name may be released to the public to aid or facilitate an arrest. This subsection shall not apply if release of the name or information is necessary to enforce an order for protection against the alleged actor.
(b) After the filing of an information or indictment in district court and absent a request to release the identity of a minor victim by the minor or another acting on behalf of a minor victim, the trial court shall, to the extent necessary to protect the welfare of the minor victim, restrict the disclosure of the name of the minor victim, unless the name has been publicly disclosed by the parent or legal guardian of the minor or by law enforcement in an effort to find the victim. The trial court may, to the extent necessary to protect the welfare of the minor victim, restrict disclosure of the information reasonably likely to identify the minor victim.
(c) Any person who willfully violates subsection (a) of this section is guilty of a misdemeanor and upon conviction shall be fined not more than seven hundred fifty dollars ($750.00) or be imprisoned in the county jail not more than ninety (90) days, or both.
(d) A release of a name or other information to the public in violation of the proscriptions of this section shall not stand as a bar to the prosecution of a defendant nor be grounds for dismissal of any charges against a defendant.
(e) As used in this section "minor victim" means a person less than the age of eighteen (18) years.
6-2-320. Prohibited access to school facilities and child
care facilities by adult sex offenders; exceptions; penalties; definitions.
(a) Except as provided in subsection (b) of this section, no person who is eighteen (18) years of age or older who is required to register as a sex offender pursuant to W.S. 7-19-302 shall:
(i) Be upon or remain on the premises of any school building or school grounds in this state, or upon other properties owned or leased by a school when the registered offender has reason to believe children under the age of eighteen (18) years are present and are involved in a school activity or when children are present within thirty (30) minutes before or after a scheduled school activity;
(ii) Knowingly loiter on a public way within one thousand (1,000) feet from the property line of school grounds in this state, including other properties owned or leased by a school when children under the age of eighteen (18) years are present and are involved in a school activity or when children are present within thirty (30) minutes before or after a scheduled school activity;
(iii) Be in any vehicle owned or leased by a school to transport students to or from school or a school related activity when children under the age of eighteen (18) years are present in the vehicle;
(iv) Reside within one thousand (1,000) feet of the property on which a school is located, measured from the nearest point of the exterior wall of the registered offender's dwelling unit to the school's property line, except that this paragraph shall not apply if the registered offender's residence was established prior to July 1, 2010;
(v) Reside within one thousand (1,000) feet of the property where a child care facility is located, measured from the nearest point on the exterior wall of the registered offender's dwelling unit to the child care facility's property line, except that this paragraph shall not apply if the registered offender's residence was established before July 1, 2026 or before the date when the child care facility was established at the location.
(b) The provisions of paragraphs (a)(i) and (ii) shall not apply to the extent the registered offender:
(i) Is a student in attendance at the school;
(ii) With the written permission of the school principal, vice-principal or person with equivalent authority, is attending an academic conference or other scheduled extracurricular school event with school officials present when the registered offender is a parent or legal guardian of a child who is participating in the conference or extracurricular event;
(iii) Resides at a state licensed or certified facility for incarceration, health or convalescent care that is within one thousand (1,000) feet from the property on which a school is located;
(iv) Is dropping off or picking up a child and the registered offender is the child's parent or legal guardian;
(v) Is temporarily on school grounds during school hours for the purpose of making a mail, food or other delivery;
(vi) Is exercising his right to vote in a public election;
(vii) Is taking delivery of his mail through an official post office located on school grounds;
(viii) Has written permission from the school principal, vice-principal, or person with equivalent authority, to be on the school grounds or upon other property that is used by a school; or
(ix) Stays at a homeless shelter or resides at a recovery facility that is within one thousand (1,000) feet from the property on which a school is located if such shelter or facility has been approved for sex offenders by the sheriff or police chief.
(c) Any person who violates the provisions of subsection
(a) of this section is guilty of a misdemeanor and upon conviction, shall be punished by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
(d) Nothing in this section shall prevent a school district from adopting more stringent safety and security requirements for employees and nonemployees while they are in district facilities or on district properties.
(e) As used in this section:
(i) "Extracurricular event" means any school sponsored activity that is outside the regular curriculum, occurring during or outside regular school hours, including academic, artistic, athletic or recreational activities;
(ii) "Registered offender" means a person who is eighteen (18) years of age or older who is required to register as a sex offender pursuant to W.S. 7-19-302;
(iii) "Child care facility" means one (1) or more of the following:
(A) A facility licensed as a child care provider by the department of family services;
(B) A facility that is administered, owned or supervised by a governmental entity, including the state, local governments and school districts, and that provides care for children in exchange for consideration at the request of the parents, legal guardians or an agency responsible for the children. A facility under this subparagraph shall not include an elementary, middle or high school.
6-2-321. Grooming of minor for sexual offense; definitions; penalties.
(a) As used in this section:
(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 or on a social media platform, gaming platform or any other digital communication service;
(ii) "Grooming" means behavior, 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. "Grooming" includes:
(A) Deliberate acts that establish an emotional connection with a minor through manipulation, trust-building or influence to facilitate acts of sexual conduct, sexual abuse or exploitation;
(B) Online or in-person activities, the use of third parties or indirect methods to facilitate the manipulation of a minor.
(iii) "Sexual conduct" means:
(A) Actual or simulated:
(I) Sexual intercourse, whether between persons of the same or opposite sex;
(II) Penetration of the vagina or rectum by any object, except when done as part of a recognized medical procedure performed by a licensed medical professional;
(III) Bestiality;
(IV) Masturbation;
(V) Sadomasochistic abuse;
(VI) Lewd exhibition of the genitals, breasts, pubic or rectal area or other intimate parts of a person; or
(VII) Defecation or urination for the purpose of the sexual stimulation of the viewer.
(B) The depiction or observation of a child in the nude or in a state of partial undress with the purpose to:
(I) Abuse, humiliate, harass or degrade the child;
(II) To arouse or gratify the person's own sexual response or desire; or
(III) To arouse or gratify the sexual response or desire of another person.
(iv) "Simulated" means any depiction of the genitals or pubic or rectal area that gives the appearance of sexual conduct or incipient sexual conduct.
(b) A person commits the offense of grooming of a minor for a sexual offense if the person:
(i) Is eighteen (18) years of age or older and not less than four (4) years older than the minor; and
(ii) Purposely or knowingly engages in a pattern of grooming aimed at a minor with the intent to:
(A) Manipulate the minor into engaging in sexual conduct;
(B) Coerce or entice a minor to meet in person to engage in sexual conduct;
(C) Distribute or facilitate access to sexually explicit material; or
(D) Exploit a position of authority to develop an intimate or secretive relationship with a minor.
(c) Except as provided in subsections (d), (e) and (g) of this section, grooming of a minor for a sexual offense is a felony punishable by imprisonment for not more than five (5) years, a fine not to exceed ten thousand dollars ($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.
(f) A person guilty of grooming of a minor for a sexual offense under this section shall:
(i) Complete a sexual offender treatment program provided or approved by the department of corrections;
(ii) Be subject to probation for a period not to exceed ten (10) years.
(g) A person who occupies a position 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;
(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.
(a) A person is guilty of robbery if in the course of committing a crime defined by W.S. 6-3-402, he:
(i) Inflicts bodily injury upon another; or
(ii) Threatens another with or intentionally puts him in fear of immediate bodily injury.
(b) Except as provided in subsection (c) of this section, robbery is a felony punishable by imprisonment for not more than ten (10) years.
(c) Aggravated robbery is a felony punishable by imprisonment for not less than five (5) years nor more than twenty-five (25) years if in the course of committing the crime of robbery the person:
(i) Intentionally inflicts or attempts to inflict serious bodily injury; or
(ii) Uses or exhibits a deadly weapon or a simulated deadly weapon.
(d) As used in this section "in the course of committing the crime" includes the time during which an attempt to commit the crime or in which flight after the attempt or commission occurred.
(a) A person commits blackmail if, with the intent to obtain property of another or to compel action or inaction by any person against his will, the person:
(i) Threatens bodily injury or injury to the property of another person; or
(ii) Accuses or threatens to accuse a person of a crime or immoral conduct which would tend to degrade or disgrace the person or subject him to the ridicule or contempt of society.
(b) Except as provided in subsection (c) of this section, blackmail is a felony punishable by imprisonment for not more than ten (10) years.
(c) A person commits aggravated blackmail, a felony punishable by imprisonment for not less than five (5) years nor more than twenty-five (25) years if in the course of committing the crime of blackmail the person causes bodily injury to another person.
(d) As used in this section "in the course of committing the crime" includes the time during which an attempt to commit the crime or in which flight after the attempt or commission occurred.
(e) Conduct denoted blackmail in this section constitutes a single offense embracing the separate crimes formerly known as blackmail and extortion.
6-2-403. Intimidation in furtherance of the interests of a criminal street gang.
(a) A person is guilty of intimidation in furtherance of the interests of a criminal street gang if he threatens or intimidates by word or conduct to cause physical injury to another person or damage to the property of another in order to promote, further or assist in the interests of or to cause, induce or solicit another person to participate in a criminal street gang.
(b) Intimidation in furtherance of the interests of a criminal street gang is a high misdemeanor punishable by imprisonment of up to one (1) year, a fine of up to one thousand dollars ($1,000.00), or both.
(a) A person is guilty of simple assault if, having the present ability to do so, he unlawfully attempts to cause bodily injury to another.
(b) A person is guilty of battery if he intentionally, knowingly or recklessly causes bodily injury to another person by use of physical force.
(c) Simple assault is a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00).
(d) Battery is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. Notwithstanding any other provision of law, the term of probation imposed by a judge under this subsection may exceed the maximum term of imprisonment established for the offense under this subsection provided the term of probation, together with any extension thereof, shall in no case exceed one (1) year.
(e) Repealed By Laws 2014, Ch. 13, § 3.
(f) Repealed By Laws 2014, Ch. 13, § 3.
(g) A person is guilty of unlawful contact if he:
(i) Touches another person in a rude, insolent or angry manner without intentionally using sufficient physical force to cause bodily injury to another; or
(ii) Recklessly causes bodily injury to another person.
(h) An unlawful contact under subsection (g) of this section is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00) or both.
6-2-502. Aggravated assault and battery; female genital mutilation; penalty.
(a) A person is guilty of aggravated assault and battery if he engages in any of the following:
(i) Causes or attempts to cause serious bodily injury to another intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;
(ii) Attempts to cause, or intentionally or knowingly causes bodily injury to another with a deadly weapon;
(iii) Threatens to use a drawn deadly weapon on another unless reasonably necessary in defense of his person, property or abode or to prevent serious bodily injury to another;
(iv) Intentionally, knowingly or recklessly causes bodily injury to a woman whom he knows is pregnant;
(v) Intentionally, knowingly or recklessly causes female genital mutilation to be performed on a person who has not attained the age of eighteen (18) years.
(b) Aggravated assault and battery is a felony punishable by imprisonment:
(i) For not more than ten (10) years for violations of paragraphs (a)(i) through (iv) of this section;
(ii) For not less than five (5) years and not more than twenty-five (25) years for violations of paragraph (a)(v) of this section.
(c) It is not a defense in a prosecution under paragraph (a)(v) of this section that a female under eighteen (18) years of age or the parent, guardian or custodian of the female under eighteen (18) years of age consented to the female genital mutilation. Religion, ritual, custom or standard practice shall not be a defense to the offense of female genital mutilation.
(a) A person who is not responsible for a child's welfare as defined by W.S. 14-3-202(a)(i), is guilty of child abuse, a felony punishable by imprisonment for not more than ten (10) years, if:
(i) The actor is an adult or is at least six (6) years older than the victim; and
(ii) The actor intentionally or recklessly inflicts upon a child under the age of sixteen (16) years:
(A) Physical injury as defined in W.S. 14-3-202(a)(ii)(B);
(B) Mental injury as defined in W.S. 14-3-202(a)(ii)(A); or
(C) Torture or cruel confinement.
(b) A person is guilty of child abuse, a felony punishable by imprisonment for not more than ten (10) years, if a person responsible for a child's welfare as defined in W.S. 14-3-202(a)(i) intentionally or recklessly inflicts upon a child under the age of eighteen (18) years:
(i) Physical injury as defined in W.S. 14-3-202(a)(ii)(B), excluding reasonable corporal punishment;
(ii) Mental injury as defined in W.S. 14-3-202(a)(ii)(A); or
(iii) Torture or cruel confinement.
(c) Aggravated child abuse is a felony punishable by imprisonment for not more than twenty-five (25) years if in the course of committing the crime of child abuse, as defined in subsection (a) or (b) of this section, the person intentionally or recklessly inflicts serious bodily injury upon the victim or the person intentionally inflicts substantial mental or emotional injury upon the victim by the torture or cruel confinement of the victim.
(a) A person is guilty of reckless endangering if he recklessly engages in conduct which places another person in danger of death or serious bodily injury.
(b) Any person who knowingly points a firearm at or in the direction of another, whether or not the person believes the firearm is loaded, is guilty of reckless endangering unless reasonably necessary in defense of his person, property or abode or to prevent serious bodily injury to another or as provided for under W.S. 6-2-602.
(c) Reckless endangering is a misdemeanor punishable by imprisonment for not more than one (1) year.
(a) A person is guilty of a terroristic threat if he threatens to commit any violent felony with the intent to cause evacuation of a building, place of assembly or facility of public transportation, or otherwise to cause serious public inconvenience, or in reckless disregard of the risk of causing such inconvenience.
(b) A terroristic threat is a felony punishable by imprisonment for not more than three (3) years.
(a) As used in this section:
(i) "Course of conduct" means a pattern of conduct composed of a series of acts over any period of time evidencing a continuity of purpose;
(ii) "Harass" means to engage in a course of conduct, including but not limited to verbal threats, written threats, lewd or obscene statements or images, vandalism or nonconsensual physical contact, directed at a specific person that the defendant knew or should have known would cause:
(A) A reasonable person to suffer substantial emotional distress;
(B) A reasonable person to suffer substantial fear for their safety or the safety of another person; or
(C) A reasonable person to suffer substantial fear for the destruction of their property.
(b) Unless otherwise provided by law, a person commits the crime of stalking if, with intent to harass another person, the person engages in a course of conduct reasonably likely to harass that person, including but not limited to any combination of the following:
(i) Communicating, anonymously or otherwise, or causing a communication with another person by verbal, electronic, mechanical, telegraphic, telephonic or written means in a manner that harasses;
(ii) Following a person, other than within the residence of the defendant;
(iii) Placing a person under surveillance by remaining present outside his or her school, place of employment, vehicle, other place occupied by the person, or residence other than the residence of the defendant;
(iv) Using any electronic, digital or global positioning system device or other electronic means to place another person under surveillance or to surveil another person's internet or wireless activity without authorization from the other person; or
(v) Otherwise engaging in a course of conduct that harasses another person.
(c) This section does not apply to an otherwise lawful demonstration, assembly or picketing.
(d) Except as provided under subsection (e) of this section, stalking is a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than seven hundred fifty dollars ($750.00), or both. If a person sentenced under this subsection is placed on probation, the court may, notwithstanding any other provision of law, impose a term of probation exceeding the maximum one (1) year imprisonment, provided the term of probation, including extensions, shall not exceed three (3) years.
(e) A person convicted of stalking under subsection (b) of this section is guilty of felony stalking punishable by imprisonment for not more than ten (10) years, if:
(i) The act or acts leading to the conviction occurred within five (5) years of the completion of the sentence, including all periods of incarceration, parole and probation, of a prior conviction under this subsection, or under subsection (b) of this section, or under a substantially similar law of another jurisdiction;
(ii) The defendant caused serious bodily harm to the victim or another person in conjunction with committing the offense of stalking;
(iii) The defendant committed the offense of stalking in violation of any condition of probation, parole or bail;
(iv) The defendant committed the offense of stalking in violation of a temporary or permanent order of protection issued pursuant to W.S. 7-3-508, 7-3-509, 35-21-104 or 35-21-105 or pursuant to a substantially similar law of another jurisdiction; or
(v) The defendant committed the offense of stalking against a minor, and the defendant is not less than eighteen (18) years old.
(f) An offense under this section may be deemed to have been committed at the place where any:
(i) Act within the course of conduct that constitutes stalking was initiated; or
(ii) Communication within the course of conduct that constitutes stalking was received by the victim then present in Wyoming; or
(iii) Act within the course of conduct that constitutes stalking caused an effect on the victim then present in Wyoming.
(g) An act that indicates a course of conduct but occurs in more than one (1) jurisdiction may be used by any jurisdiction in which the act occurred as evidence of a continuing course of conduct.
6-2-507. Abuse, neglect, abandonment, intimidation or exploitation of a vulnerable adult; penalties.
(a) Except under circumstances constituting a violation of W.S. 6-2-502, a person is guilty of abuse, neglect, abandonment or exploitation of a vulnerable adult if the person intentionally or recklessly abuses, neglects, abandons, intimidates or exploits a vulnerable adult.
(b) Reckless abuse, neglect, abandonment, intimidation or exploitation of a vulnerable adult is a misdemeanor, punishable by not more than one (1) year in jail, a fine of one thousand dollars ($1,000.00), or both, and registration of the offender's name on the central registry.
(c) Intentional abuse, neglect or abandonment of a vulnerable adult is a felony punishable by not more than ten (10) years in prison, a fine of not more than ten thousand dollars ($10,000.00), or both, and registration of the offender’s name on the central registry.
(d) Exploitation of a vulnerable adult is a felony punishable by not more than ten (10) years in prison, a fine of not more than ten thousand dollars ($10,000.00), or both, and registration of the offender’s name on the central registry.
(e) As used in this section:
(i) "Abandonment" means as defined in W.S. 35-20-102(a)(i);
(ii) "Abuse" means as defined in W.S. 35-20-102(a)(ii);
(iii) Repealed by Laws 2020, ch. 87, § 3.
(iv) "Central registry" means the registry established under W.S. 35-20-115;
(v) "Exploitation" means as defined in W.S. 35-20-102(a)(ix);
(vi) "Neglect" means as defined in W.S. 35-20-102(a)(xi);
(vii) "Vulnerable adult" means as defined in W.S. 35-20-102(a)(xviii).
6-2-508. Assault and battery on corrections or detention officer; penalties; definitions.
(a) A person is guilty of assault and battery on a corrections or detention officer if he recklessly:
(i) Propels any dangerous substance at the corrections officer, detention officer or staff member while the corrections officer, detention officer or staff member is acting in the course of his official duty, or as a result of the corrections officer's, detention officer's or staff member's official duties; or
(ii) Tampers with or alters any item by contaminating the item with any dangerous substance, if the item may be handled or consumed by the corrections officer, detention officer or staff member while the corrections officer, detention officer or staff member is acting in the course of his official duty, or as a result of the corrections officer's, detention officer's or staff member's official duties.
(b) A person is guilty of aggravated assault and battery on a corrections or detention officer if he intentionally or knowingly:
(i) Propels any dangerous substance at the corrections officer, detention officer or staff member while the corrections officer, detention officer or staff member is acting in the course of his official duty, or as a result of the corrections officer's, detention officer's or staff member's official duties; or
(ii) Tampers with or alters any item by contaminating the item with any dangerous substance, if the item may be handled or consumed by the corrections officer, detention officer or staff member while the corrections officer, detention officer or staff member is acting in the course of his official duty, or as a result of the corrections officer's, detention officer's or staff member's official duties.
(c) A violation of subsection (a) of this section is a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.
(d) A violation of subsection (b) of this section is a felony punishable by a fine of not more than five thousand dollars ($5,000.000), imprisonment for not more than five (5) years, or both.
(e) A violation of subsection (b) of this section, by a person who knows he has a contagious life threatening disease and who commits the violation with the intent to infect a corrections officer, detention officer or staff member with the contagious life threatening disease, shall result in the enhancement of the sentence entered under subsection (d) of this section by a period of imprisonment for not more than ten (10) years.
(f) As used in this section:
(i) "Dangerous substance" includes, but is not limited to, blood, urine, saliva, vomitus, semen and feces;
(ii) "Corrections officer" means a person who is employed by the department of corrections and works at a department of corrections facility to care for, supervise and control persons in the custody of the department of corrections;
(iii) "Detention officer" means a person who is employed by a county or municipality to care for, supervise and control persons detained in a jail or holding facility and includes a peace officer in the detention setting;
(iv) "Staff member" means:
(A) A department of corrections staff member, or a person employed pursuant to a contract with the department of corrections, who works with, or in the vicinity of, inmates; and
(B) A volunteer authorized by the department of corrections or other entity in charge of a corrections facility to work with, or in the vicinity of, inmates.
6-2-509. Strangulation of a household member; penalty.
(a) A person is guilty of strangulation of a household member if he intentionally and knowingly or recklessly causes or attempts to cause bodily injury to a household member by impeding the normal breathing or circulation of blood by:
(i) Applying pressure on the throat or neck of the household member; or
(ii) Blocking the nose and mouth of the household member.
(b) Strangulation of a household member is a felony punishable by imprisonment for not more than ten (10) years.
(c) For purposes of this section, "household member" means as defined in W.S. 35-21-102(a)(iv)(A) through (D), (G) and (H).
(a) A household member is guilty of domestic assault if, having the present ability to do so, he unlawfully attempts to cause bodily injury to another household member.
(b) Domestic assault is punishable as follows:
(i) By imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both;
(ii) By imprisonment for not more than one (1) year, a fine of not more than seven hundred fifty dollars ($750.00), or both, if the person has previously been convicted of domestic assault or if the person has previously been convicted of the following or similar offense against another household member:
(A) Domestic battery under W.S. 6-2-511;
(B) Simple assault under W.S. 6-2-501(a);
(C) Battery under W.S. 6-2-501(b);
(D) Aggravated assault and battery under W.S. 6-2-502;
(E) Child abuse under W.S. 6-2-503;
(F) Reckless endangering under W.S. 6-2-504;
(G) Unlawful contact under W.S. 6-2-501(g);
(H) Strangulation of a household member under W.S. 6-2-509;
(J) Kidnapping under W.S. 6-2-201;
(K) Felonious restraint under W.S. 6-2-202; or
(M) False imprisonment under W.S. 6-2-203.
(c) If a person sentenced under paragraph (b)(i) or (ii) of this section is placed on probation, the court may, notwithstanding any other provision of law, impose a term of probation exceeding the maximum one (1) year imprisonment, provided the term of probation, including extensions, shall not exceed three (3) years.
(d) As used in this section:
(i) "Convicted" means a person has been convicted upon a plea of guilty or no contest or has been found guilty;
(ii) "Household member" means as defined in W.S. 35-21-102;
(iii) "Similar offense" means a substantially similar law of this or any other state, tribe or territory.
(a) A household member is guilty of domestic battery if he knowingly or recklessly causes bodily injury to another household member by use of physical force.
(b) Domestic battery is punishable as follows:
(i) By imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both;
(ii) By imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both, if within the previous five (5) years, the person has been convicted of domestic battery or any of the following or similar offenses against another household member:
(A) Domestic assault under W.S. 6-2-510;
(B) Simple assault under W.S. 6-2-501(a);
(C) Battery under W.S. 6-2-501(b);
(D) Aggravated assault and battery under W.S. 6-2-502;
(E) Child abuse under W.S. 6-2-503;
(F) Reckless endangering under W.S. 6-2-504;
(G) Unlawful contact under W.S. 6-2-501(g);
(H) Strangulation of a household member under W.S. 6-2-509;
(J) Kidnapping under W.S. 6-2-201;
(K) Felonious restraint under W.S. 6-2-202; or
(M) False imprisonment under W.S. 6-2-203.
(iii) By imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if within the previous ten (10) years, the person has been convicted of domestic battery two (2) or more times or has been convicted of domestic battery and any of the following or similar offense against another household member:
(A) Domestic assault under W.S. 6-2-510;
(B) Simple assault under W.S. 6-2-501(a);
(C) Battery under W.S. 6-2-501(b);
(D) Aggravated assault and battery under W.S. 6-2-502;
(E) Child abuse under W.S. 6-2-503;
(F) Reckless endangering under W.S. 6-2-504;
(G) Unlawful contact under W.S. 6-2-501(g);
(H) Strangulation of a household member under W.S. 6-2-509;
(J) Kidnapping under W.S. 6-2-201;
(K) Felonious restraint under W.S. 6-2-202; or
(M) False imprisonment under W.S. 6-2-203.
(c) If a person sentenced under paragraph (b)(i) or (ii) of this section is placed on probation, the court may, notwithstanding any other provision of law, impose a term of probation exceeding the maximum imprisonment of one (1) year, provided the term of probation, including extensions, shall not exceed three (3) years.
(d) As used in this section:
(i) "Convicted" means a person has been convicted upon a plea of guilty or no contest or has been found guilty;
(ii) "Household member" means as defined in W.S. 35-21-102;
(iii) "Similar offense" means a substantially similar law of this or any other state, tribe or territory.
6-2-602. Use of force in self defense; no duty to retreat.
(a) The use of defensive force whether actual or threatened, is reasonable when it is the defensive force that a reasonable person in like circumstances would judge necessary to prevent an injury or loss, and no more, including deadly force if necessary to prevent imminent death or serious bodily injury to the person employing the deadly force or to another person. As used in this subsection, "necessary to prevent" includes a necessity that arises from an honest belief that the danger exists whether the danger is real or apparent.
(b) A person is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury to himself or another when using defensive force, including deadly force if:
(i) The intruder against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, another's home or habitation or, if that intruder had removed or was attempting to remove another against his will from his home or habitation; and
(ii) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring.
(c) The presumption set forth in subsection (b) of this section does not apply if:
(i) The person against whom the defensive force is used has a right to be in or is a lawful resident of the home or habitation, such as an owner, lessee or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person;
(ii) The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or
(iii) The person against whom the defensive force is used is a peace officer or employee of the Wyoming department of corrections who enters or attempts to enter another's home or habitation in the performance of his official duties.
(d) A person who unlawfully and by force enters or attempts to enter another's home or habitation is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
(e) A person who is attacked in any place where the person is lawfully present shall not have a duty to retreat before using reasonable defensive force pursuant to subsection (a) of this section provided that he is not the initial aggressor and is not engaged in illegal activity.
(f) A person who uses reasonable defensive force as defined by subsection (a) of this section shall not be criminally prosecuted for that use of reasonable defensive force.
(g) As used in this section:
(i) "Habitation" means any structure which is designed or adapted for overnight accommodation, including, but not limited to, buildings, modular units, trailers, campers and tents, but does not include the inmate housing area of a jail, state penal institution or other secure facility under contract with the department of corrections to house inmates;
(ii) "Home" means any occupied residential dwelling place other than the inmate housing area of a jail, state penal institution or other secure facility under contract with the department of corrections to house inmates;
(iii) "Deadly force" means force that is intended or likely to cause death or serious bodily injury.
6-2-603. Use of force in defense of military equipment.
A state security officer as defined by W.S. 19-7-101(a)(xiii), a member of the armed forces or a member of the Wyoming national guard in active state service as defined by W.S. 19-7-101(a)(v) who is on official duty defending military equipment is privileged to use reasonable force as necessary to defend military equipment, including deadly force as defined by W.S. 6-2-602(g)(iii), in accordance with published military regulations and doctrine regarding the use of force.
(a) As used in this article:
(i) "Benefit" means anything of value;
(ii) "Coercion" means any one (1) or more of the following:
(A) The use or threat of force, abduction, serious harm to or physical restraint against any individual;
(B) The use of a scheme, plan, pattern or fraudulent statement with intent to cause an individual to believe that failure to perform an act will result in serious harm to or physical restraint against any individual;
(C) The abuse or threatened abuse of the law or legal process;
(D) The abuse of a position of power or taking advantage of a position of vulnerability;
(E) Providing a controlled substance to an individual for the purpose of controlling the person's behavior;
(F) Interfering with lawful custody of or access to an individual's children;
(G) The destruction of, taking of or the threat to destroy or take an individual's identification document;
(H) The use of an individual's personal services as security payment or satisfaction for a real or purported debt if:
(I) The reasonable value of the services is not applied toward the liquidation of the debt;
(II) The length of the services is not limited and their nature is not defined;
(III) The principal amount of the debt does not reasonably reflect the value of the items or services for which the debt was incurred; or
(IV) The individual is prevented from acquiring accurate and timely information about the disposition of the debt.
(iii) "Commercial sex act" means any sexual act for which anything of value is given to, promised or received by a person in exchange for the sexual act;
(iv) "Deception" means:
(A) A person's creation or confirmation of an individual's impression of material fact or event which is false and which the person knows or has reason to believe is false, including:
(I) The nature of labor or services to be provided;
(II) The fundamental conditions of labor; or
(III) The extent to which the individual will be free to leave the individual's place of residence or workplace; and
(B) The promise of a benefit to or performance of a service to an individual which the person does not intend to be delivered or performed.
(v) "Financial harm" means a detrimental position in relation to wealth, property or other monetary benefits that occurs as a result of another person's illegal act including, but not limited to, blackmail, promoting of prostitution or illegal employment contracts;
(vi) "Forced services" means services performed or provided by a person that are obtained or maintained by another person who:
(A) Causes or threatens to cause serious harm to any person;
(B) Physically restrains or threatens to physically restrain another person;
(C) Abuses or threatens to abuse the law or legal process;
(D) Knowingly destroys, conceals, removes or confiscates any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person;
(E) Engages in blackmail; or
(F) Causes or threatens to cause financial harm to any person.
(vii) "Identification document" includes a passport, driver's license, immigration document, travel document and any other government issued identification document;
(viii) "Labor" means work of economic or financial value;
(ix) "Minor" means any natural person younger than eighteen (18) years of age;
(x) "Pecuniary damage" means all damages which a victim could recover against the defendant in a civil action arising out of the same facts or event, including damages for wrongful death. It does not include punitive damages and damages for pain, suffering, mental anguish and loss of consortium;
(xi) "Person" means an individual, partnership, corporation, joint stock company or any other association or entity, public or private;
(xii) "Restitution" means full or partial payment of pecuniary damage to a victim;
(xiii) "Serious harm" means physical or nonphysical harm or property damage, including, but not limited to, bodily injury as defined in W.S. 6-1-104(a)(i), economic loss as defined in W.S. 1-40-102(a)(v), personal injury as defined in W.S. 1-40-102(a)(vii) or reputational harm sufficient to compel a reasonable person of the same background and in the same circumstance of the victim, to perform or to continue performing labor, a service or a commercial sex act in order to avoid incurring that harm;
(xiv) "Services" means activities resulting from a relationship between a person and the actor in which the person performs activities under the supervision of or for the benefit of the actor. Commercial sexual activity is "services" in this article. Nothing in this definition may be construed to legitimize or legalize prostitution;
(xv) "Victim" means the person alleged to have been subjected to human trafficking;
(xvi) "This act" means W.S. 6-2-701 through 6-2-710.
6-2-702. Human trafficking in the first degree; penalty.
(a) A person is guilty of human trafficking in the first degree when the person intentionally or knowingly recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains or entices an individual for the purpose of:
(i) Forced labor or servitude in violation of W.S. 6-2-704;
(ii) Sexual servitude in violation of W.S. 6-2-705; or
(iii) Sexual servitude of a minor in violation of W.S. 6-2-706.
(b) Except as provided in W.S. 6-2-712(a), human trafficking in the first degree is a felony punishable by imprisonment for not less than five (5) nor more than fifty (50) years unless the victim is a minor in which case it is a felony punishable by imprisonment for not less than twenty-five (25) nor more than fifty (50) years and a fine of not more than ten thousand dollars ($10,000.00), or both.
6-2-703. Human trafficking in the second degree; penalty.
(a) A person is guilty of human trafficking in the second degree when the person recklessly recruits, transports, transfers, harbors, receives, provides, obtains, isolates, maintains or entices an individual for the purpose of:
(i) Forced labor or servitude in violation of W.S. 6-2-704;
(ii) Sexual servitude in violation of W.S. 6-2-705;
(iii) Sexual servitude of a minor in violation of W.S. 6-2-706.
(b) Except as provided in W.S. 6-2-712(a), human trafficking in the second degree is a felony punishable by imprisonment for not less than two (2) nor more than twenty (20) years and a fine of not more than ten thousand dollars ($10,000.00), or both.
(a) A person is guilty of forced labor or servitude when the person intentionally, knowingly or recklessly uses coercion, deception or fraud to compel an individual to provide forced services.
(b) Intentionally, knowingly or recklessly compelling forced labor or servitude is a felony punishable by imprisonment for not more than fifteen (15) years and a fine of not more than ten thousand dollars ($10,000.00), or both.
(a) A person is guilty of sexual servitude of an adult when the person intentionally, knowingly or recklessly uses coercion, deception or fraud to compel an individual eighteen (18) years of age or older to engage in commercial sexual services.
(b) Intentionally, knowingly or recklessly compelling the sexual servitude of an adult is a felony punishable by imprisonment for not more than three (3) years and a fine of not more than three thousand dollars ($3,000.00), or both.
(a) A person is guilty of sexual servitude of a minor when the person intentionally, knowingly or recklessly offers, obtains, procures or provides an individual less than eighteen (18) years of age to engage in commercial sexual services.
(b) Intentionally, knowingly or recklessly compelling the sexual servitude of a minor is a felony punishable by imprisonment for not more than five (5) years and a fine of not more than five thousand dollars ($5,000.00), or both.
(c) It is not a defense in a prosecution under this section that the individual consented to engage in commercial sexual services or that the defendant reasonably believed the individual was at least eighteen (18) years of age.
6-2-707. Patronizing a victim of sexual servitude.
(a) A person is guilty of patronizing a victim of sexual servitude when the person pays, agrees to pay or offers to pay anything of value so that the person or another may engage in sexual activity with an individual when the person knows that the individual is a victim of sexual servitude in violation of W.S. 6-2-705 or 6-2-706.
(b) Patronizing a victim of sexual servitude is a felony punishable by a fine of not more than five thousand dollars ($5,000.00), imprisonment for not more than three (3) years, or both.
(a) A victim of human trafficking is not criminally liable for any commercial sex act or other criminal acts committed as a direct result of, or incident to, being a victim of human trafficking in violation of W.S. 6-2-702 through 6-2-707.
(b) A victim of human trafficking who is a minor shall be deemed a child in need of supervision in accordance with the Children in Need of Supervision Act or a neglected child in accordance with the Child Protection Act.
(c) At any time after the entry of a conviction, the court in which it was entered may vacate the conviction if the defendant's participation in the offense is found to have been the result of having been a victim. Official documentation of the defendant's status as a victim at the time of the offense from a federal, state or local government agency shall create a presumption that the defendant's participation in the offense was a result of having been a victim, but shall not be required for granting a motion under this section.
(a) As soon as possible after the initial encounter with a person who reasonably appears to a law enforcement agency, district or county and prosecuting attorneys' office to be a victim of human trafficking, the agency or office shall:
(i) Notify the victim services division within the office of the attorney general that the person may be eligible for services under this article; and
(ii) Make a preliminary assessment of whether the victim or possible victim of human trafficking appears to meet the criteria for certification as a victim of a severe form of trafficking in persons as defined in the Trafficking Victims Protection Act, 22 U.S.C. section 7105, or appears to be otherwise eligible for any federal, state or local benefits and services. If it is determined that the victim appears to meet such criteria, the agency or office shall report the finding to the victim and shall refer the victim to services available, including legal service providers. If the possible victim is a minor or is a vulnerable adult, the agency or office shall also notify the department of family services.
(b) The attorney general, a district or county and prosecuting attorney or any law enforcement official shall certify in writing to the United States Department of Justice or other federal agency, such as the United States Department of Homeland Security, that an investigation or prosecution under this article has begun and the individual who is a likely victim of a crime described in this article is willing to cooperate or is cooperating with the investigation to enable the individual, if eligible under federal law, to qualify for an appropriate special immigrant visa and to access available federal benefits. Cooperation with law enforcement shall not be required of victims of a crime described in this article who are minors. This certification shall be made available to the victim and the victim's designated legal representative.
(c) Victims of human trafficking under W.S. 6-2-702 through 6-2-706 shall be informed of the rights enumerated in this section, the victim's right to informed consent and the victim's rights as a victim of crime. The victim shall also be informed of available housing, educational, medical, legal and advocacy services.
(d) Victims of human trafficking are entitled to restitution and forms of compensation under the Crime Victims Compensation Act.
(e) In a prosecution for an offense under this article, police and prosecuting agencies shall keep the identity of the victim and the victim's family confidential. The prosecutor shall take reasonable steps to protect the victim and the victim's family from being revictimized.
(a) In addition to any other punishment prescribed by law, upon conviction for felony under this article, the court shall order a defendant to pay mandatory restitution to each victim as determined under W.S. 7-9-103 and 7-9-114.
(b) If the victim of human trafficking to whom restitution has been ordered dies before restitution is paid, any restitution ordered shall be paid to the victim's heir or legal representative provided that the heir or legal representative has not benefited in any way from the trafficking.
(c) The return of the victim of human trafficking to the victim's home country or other absence of the victim from the jurisdiction shall not limit the victim's right to receive restitution pursuant to this section.
(a) The following are subject to forfeiture as permitted pursuant to subsections (c) through (j) of this section:
(i) All assets subject to the jurisdiction of the court:
(A) Used by a person while engaged in perpetrating a violation of this article;
(B) Affording a person a source of influence over a trafficked individual in violation of this article;
(C) Acquired or maintained by a person with the intent to, and for the purpose of supporting, conducting or concealing an act which violates this article; or
(D) Derived from, involved in or used or intended to be used to commit an act which violates this article.
(ii) All books, records, products and materials which are used or intended for use in violation of this article;
(iii) All conveyances including aircraft, vehicles or vessels, knowingly used or intended for use to transport victims or in any manner to knowingly facilitate transportation of victims for human trafficking in violation of this article are subject to forfeiture, provided:
(A) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless the owner or corporate officer is a consenting party or privy to a violation of this article;
(B) No conveyance is subject to forfeiture under this section by reason of any act committed without the knowledge or consent of the owner;
(C) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest if the secured party neither had knowledge of nor consented to the act.
(iv) All buildings knowingly used or intended for use to further human trafficking in violation of this article if the owner has knowledge of or gives consent to the act of violation. A forfeiture of property encumbered by a bona fide security interest is subject to the interest if the secured party neither had knowledge of nor consented to the act;
(v) Any property or other thing of pecuniary value furnished in exchange for human trafficking in violation of this article including any proceeds, assets or other property of any kind traceable to the exchange and any money, securities or other negotiable instruments used to facilitate a violation of this article. Property used or furnished without the consent or knowledge of the owner is not forfeitable under this paragraph to the extent of the owner's interest;
(vi) Overseas assets of persons convicted of human trafficking under this article to the extent they can be retrieved by the state.
(b) Property subject to forfeiture under this article may be seized by any law enforcement officer of the state upon process issued by any district or circuit court having jurisdiction over the property. Seizure without process may be made if:
(i) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant; or
(ii) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal, injunction or forfeiture proceeding based upon this article.
(c) Any person convicted of a violation of this article which is punishable by imprisonment for more than one (1) year shall be subject to forfeiture of property listed under subsection (a) of this section. The procedure for forfeiture shall be as provided in subsections (d) through (j) of this section.
(d) If the state seeks forfeiture of property:
(i) The indictment or information shall contain notice to the defendant that the state seeks forfeiture and shall specifically identify the property sought to be forfeited;
(ii) All property shall be returned to the legal owner or person from whom it was seized unless there is a finding or verdict of guilt, an admission of guilt or a plea of nolo contendere to a felony under this act;
(iii) After a finding or verdict of guilt, an admission of guilt or a plea of nolo contendere to a felony under this act is accepted, the court shall conduct a forfeiture hearing to determine if the property is subject to forfeiture under this section. If the court finds under a preponderance of evidence standard that property is subject to forfeiture, the court shall enter a preliminary order directing the forfeiture;
(iv) The court may include in the preliminary order of forfeiture additional conditions reasonably necessary to preserve the property's value pending any appeal.
(e) If the court makes a preliminary order of forfeiture of property, legal interests of persons other than a party to the criminal action shall be determined, subject to the following:
(i) Following an entry of a preliminary order of forfeiture, the state shall publish notice of the order in a newspaper of general circulation in the state once a week for two (2) weeks and shall provide written notice by first class mail to the last known address of any person who, after reasonable inquiry, appears to be a potential owner or lien holder in the property. The notice shall describe the forfeited property and shall advise that parties with a potential interest in the property may contest the forfeiture by filing a petition with the court not later than sixty (60) days after the date of the second published notice or, if notice is mailed under this paragraph, not later than thirty (30) days after mailing written notice;
(ii) If a third party files a timely response asserting an interest in property subject to a preliminary order of forfeiture, the court shall conduct a hearing. The court may permit the parties to conduct discovery in accordance with the Wyoming Rules of Civil Procedure if the court determines that discovery is necessary or desirable to resolve factual issues. After the hearing, the court shall enter a final order of forfeiture by amending the preliminary order as necessary to account for any third party rights. If no third party files a timely petition, the preliminary order shall become the final order upon expiration of the time for filing a petition;
(iii) If a defendant appeals from a conviction or a preliminary or final order of forfeiture, the court may stay the preliminary or final order of forfeiture on terms appropriate to ensure that the property remains available pending appellate review. A stay shall not delay a hearing or a determination of a third party's rights or interests. If the court rules in favor of any third party while an appeal is pending, the court may amend the order of forfeiture but shall not transfer any property interest to a third party until the decision on appeal becomes final, unless the defendant consents in writing or on the record.
(f) An interest in property belonging to a third party shall not be forfeited to the extent that the third party establishes it has a perfected lien in the property or proves by a preponderance of evidence that he has a perfected security interest in the property or proves he is an innocent owner. For purposes of this subsection:
(i) With respect to a property interest in existence at the time the violation of this article took place, "innocent owner" means a person who held an interest in the property who neither had knowledge of nor consented to the violation;
(ii) With respect to a property interest acquired after the violation of this article has taken place, the term "innocent owner" means a person who, at the time that person acquired the interest in the property:
(A) Was a bona fide purchaser or seller for value or a holder of a bona fide security interest in the property; and
(B) Did not know and was reasonably without cause to believe the property was used in connection with a violation of this article.
(g) Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of and subject only to the orders and decrees of the court having jurisdiction over the proceedings. When property is seized under this section, the court shall place the property under seal or otherwise assure the property is maintained under conditions reasonably necessary to preserve the property's value or may sell the property for value and hold the proceeds thereof until the forfeiture proceedings have become final as to all parties and all rights of appeal have been exhausted.
(h) A person's interest in property is not subject to forfeiture to the extent that the forfeiture is grossly disproportionate to the gravity of the offense giving rise to the forfeiture. The state shall have the burden of demonstrating by a preponderance of the evidence that a forfeiture is not grossly disproportionate. Proportionality shall be decided by the court as follows:
(i) In determining whether a forfeiture is grossly disproportionate, the court shall consider:
(A) The extent to which the property was used or intended to be used in executing the underlying offense;
(B) The value of the property, including both its fair market and subjective value;
(C) The actions of the person involved in the activity giving rise to the forfeiture proceedings;
(D) The severity of the criminal sanctions associated with the actions of the person;
(E) Whether the property constitutes the person's lawful livelihood or means of earning a living;
(F) Whether the offense or attempted offense has severe collateral consequences; and
(G) Any other factors the court deems necessary and relevant.
(ii) If the court finds the forfeiture is grossly disproportionate to the offense, it shall reduce or eliminate the forfeiture as it finds appropriate.
(j) Within six (6) months after a final order of forfeiture is affirmed on appeal or the deadline to appeal passes without a notice of appeal being filed, the state shall, by public sale or auction, liquidate forfeited tangible property and distribute the total proceeds of the forfeiture as follows:
(i) Costs of forfeiture proceedings and the sale of forfeited property incurred by the state;
(ii) Costs of storing and maintaining the forfeited property incurred by the court;
(iii) The amount necessary to pay court ordered restitution shall be applied to pay that restitution;
(iv) Civil judgments entered against the forfeiting defendant in favor of that defendant's victim, already existing at the time proceeds are received, to the extent that such judgments cannot be satisfied out of the forfeiting defendant's assets;
(v) If a remainder exists, to the public school fund of the respective counties as provided by article 7, section 5 of the Wyoming constitution.
6-2-712. Penalties for subsequent human trafficking convictions.
(a) A person who is convicted of human trafficking under W.S. 6-2-702 or 6-2-703 shall be punished by imprisonment for not less than twenty-five (25) years or for life imprisonment without parole if:
(i) The victim in the instant case was a minor;
(ii) The person has one (1) or more previous convictions for a violation of W.S. 6-2-702, 6-2-703 or a criminal statute containing the same or similar elements as the crimes defined by W.S. 6-2-702 or 6-2-703 where the victim was a minor and which arose out of separate occurrences in this state or elsewhere; and
(iii) The convictions were for offenses committed after the person reached eighteen (18) years of age.
6-3-101. Arson; first degree; aggravated arson; penalties.
(a) A person is guilty of first-degree arson if he maliciously starts a fire or causes an explosion with intent to destroy or damage an occupied structure.
(b) First-degree arson is a felony punishable by:
(i) Imprisonment for not more than twenty (20) years;
(ii) A fine of not more than the greater of twenty thousand dollars ($20,000.00) or two (2) times the face amount of the insurance if the fire was started to cause collection of insurance for the loss; or
(iii) Both fine and imprisonment.
(c) A person is guilty of aggravated arson if he maliciously starts a fire or causes an explosion with intent to destroy an occupied structure, under circumstances evidencing reckless disregard for human life, and serious bodily injury or death occurs to another person, either at the scene or while in emergency response to the incident.
(d) Aggravated arson is a felony punishable by:
(i) Imprisonment for not more than thirty (30) years;
(ii) A fine of not more than the greater of twenty thousand dollars ($20,000.00) or two (2) times the face amount of the insurance if the fire was started to cause collection of insurance for the loss; or
(iii) Both fine and imprisonment.
(a) A person is guilty of second-degree arson if he starts a fire or causes an explosion with intent to destroy or damage any property to cause collection of insurance for the loss.
(b) Second-degree arson is a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than two (2) times the face amount of the insurance, or both.
(a) A person is guilty of third-degree arson if he intentionally starts a fire or causes an explosion and intentionally, recklessly or with criminal negligence:
(i) Places another in danger of bodily injury; or
(ii) Destroys or damages any property of another which has a value of two hundred dollars ($200.00) or more.
(b) Third-degree arson is a felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.
(c) For purposes of this article, "property of another" means a building, or other property, whether real or personal, in which any person or entity other than the offender has an interest, including an insurance or mortgage interest, which the offender has no authority to defeat or impair, even though the offender may also have an interest in the building or property.