(a) As used in this section:
(i) "Intimate parts" means as defined by W.S. 6-2-301(a)(ii);
(ii) "Sexual contact" means touching, with the intention of sexual arousal, gratification or abuse, of another person's intimate parts by the actor, or of the actor's intimate parts by the other person.
(b) Except as provided in W.S. 6-2-701 through 6-2-710, a person who knowingly or intentionally performs or permits, or offers or agrees to perform or permit an act of sexual intrusion, as defined by W.S. 6-2-301(a)(vii), or an act of sexual contact, as defined by paragraph (a)(ii) of this section, for money or other property commits prostitution which 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.
6-4-102. Soliciting an act of prostitution; penalties.
Except as provided in W.S. 6-2-701 through 6-2-710, a person is guilty of soliciting an act of prostitution if, with the intent that an act of sexual intrusion as defined by W.S. 6-2-301(a)(vii) or an act of sexual contact as defined by W.S. 6-4-101(a)(ii) be committed, that person knowingly or intentionally pays, or offers or agrees to pay money or other property to another person under circumstances strongly corroborative of the intention that an act of prostitution be committed. Soliciting an act of prostitution 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.
(a) Except as provided in W.S. 6-2-701 through 6-2-710, a person commits a felony if he:
(i) Knowingly or intentionally entices or compels another person to become a prostitute;
(ii) Knowingly or intentionally procures, or offers or agrees to procure, a person for another person for the purpose of prostitution;
(iii) Having control over the use of a place, knowingly or intentionally permits another person to use the place for prostitution; or
(iv) Receives money or other property from a prostitute, without lawful consideration, knowing it was earned in whole or in part from prostitution.
(b) The felony defined by this section is punishable by imprisonment for not more than three (3) years, a fine of not more than three thousand dollars ($3,000.00), or both. However, the crime 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, under paragraph (i) of subsection
(a) of this section if the person enticed or compelled is under eighteen (18) years of age.
(a) A person is guilty of public indecency if, while in a public place where he may reasonably be expected to be viewed by others, he:
(i) Performs an act of sexual intrusion, as defined by W.S. 6-2-301(a)(vii); or
(ii) Exposes his intimate parts, as defined by W.S. 6-2-301(a)(ii), with the intent of arousing the sexual desire of himself or another person; or
(iii) Engages in sexual contact, as defined by W.S. 6-2-301(a)(vi), with or without consent, with the intent of arousing the sexual desire of himself or another person.
(b) The act of breastfeeding an infant child, including breastfeeding in any place where the woman may legally be, does not constitute public indecency.
(c) Public indecency 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.
(a) As used in this article:
(i) "Disseminate" means to sell, distribute, deliver, provide, exhibit or otherwise make available to another;
(ii) "Material" includes any form of human expression or communication intended for, or capable of, visual, auditory or sensory perception;
(iii) "Obscene" is material which the average person would find:
(A) Applying contemporary community standards, taken as a whole, appeals to the prurient interest;
(B) Applying contemporary community standards, depicts or describes sexual conduct in a patently offensive way; and
(C) Taken as a whole, lacks serious literary, artistic, political or scientific value.
(iv) "Produce or reproduce" means to bring into being regardless of the process or means employed. Undeveloped photographs, films, molds, casts, printing plates and like articles may be obscene notwithstanding that further processing or other acts are necessary to make the obscenity patent or to disseminate or exhibit the obscene material;
(v) "Sexual conduct" means:
(A) Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated;
(B) Sado-masochistic abuse; or
(C) Patently offensive representations or descriptions of masturbation, excretory functions or lewd exhibitions of the genitals.
(vi) "Intimate parts" means as defined by W.S. 6-2-301(a)(ii);
(vii) "Synthetic sexual material" means material that has been created, altered or manipulated through the use of an artificial intelligence system or another digital method to realistically depict the intimate parts of a specific person.
(a) A person commits the crime of promoting obscenity if he:
(i) Produces or reproduces obscene material with the intent of disseminating it;
(ii) Possesses obscene material with the intent of disseminating it; or
(iii) Knowingly disseminates obscene material.
(b) Promoting obscenity is a misdemeanor punishable upon conviction as follows:
(i) If to an adult, by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment for not to exceed one (1) year, or both;
(ii) If to a minor, for each violation, by a fine not to exceed six thousand dollars ($6,000.00) or by imprisonment for not to exceed one (1) year, or both.
(c) This section shall not apply to any person who may produce, reproduce, possess or disseminate obscene material:
(i) In the course of law enforcement and judicial activities;
(ii) In the course of bona fide school, college, university, museum or public library activities or in the course of employment of such an organization.
6-4-303. Sexual exploitation of children; penalties; definitions.
(a) As used in this section:
(i) "Child" means a person under the age of eighteen (18) years;
(ii) "Child pornography" means any visual depiction, including any photograph, film, video, picture, computer or computer-generated image, film, video or picture, whether or not made or produced by electronic, mechanical or other means, of explicit sexual conduct, where:
(A) The production of the visual depiction involves the use of a child engaging in explicit sexual conduct;
(B) The visual depiction is of explicit sexual conduct involving a child or an individual virtually indistinguishable from a child; or
(C) The visual depiction has been created, adapted or modified to depict explicit sexual conduct involving a child or an individual virtually indistinguishable from a child.
(D) Repealed by Laws 2005, ch. 70, § 2.
(iii) "Explicit sexual conduct" means actual or simulated sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal, between persons of the same or opposite sex, bestiality, masturbation, sadistic or masochistic abuse or lascivious exhibition of the genitals or pubic area of any person or the chest or breasts of a female person;
(iv) "Visual depiction" means developed and undeveloped film and videotape, and data stored on computer disk or by electronic means which is capable of conversion into a visual image.
(b) A person is guilty of sexual exploitation of a child if, for any purpose, he knowingly:
(i) Causes, induces, entices, coerces or permits a child to engage in, or be used for, the making of child pornography;
(ii) Causes, induces, entices or coerces a child to engage in, or be used for, any explicit sexual conduct;
(iii) Manufactures, generates, creates, receives, distributes, reproduces, delivers or possesses with the intent to deliver, including through digital or electronic means, whether or not by computer, any child pornography;
(iv) Possesses child pornography, except that this paragraph shall not apply to:
(A) Peace officers, court personnel or district attorneys engaged in the lawful performance of their official duties;
(B) Physicians, psychologists, therapists or social workers, provided such persons are duly licensed in Wyoming and the persons possess such materials in the course of a bona fide treatment or evaluation program at the treatment or evaluation site; or
(C) Counsel for a person charged under this section.
(v) Uses an artificial intelligence system to generate or create child pornography;
(vi) Possesses child pornography that the person knows was generated by an artificial intelligence system.
(c) The sexual exploitation of a child pursuant to paragraphs (b)(i) through (iii) and (v) of this section is a felony punishable by imprisonment for not less than five (5) years nor more than twelve (12) years, a fine of not more than ten thousand dollars ($10,000.00), or both.
(d) The sexual exploitation of a child by possession of sexually exploitive material pursuant to paragraph (b)(iv) of this section or by possession of child pornography generated by an artificial intelligence system under paragraph (b)(vi) of this section is a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both.
(e) A second or subsequent conviction pursuant to paragraphs (b)(i) through (vi) of this section, or of a substantially similar law of any other jurisdiction, is a felony punishable by imprisonment for not less than seven (7) years nor more than twelve (12) years, a fine of not more than ten thousand dollars ($10,000.00), or both.
(f) Any person who is convicted of an offense under this section shall forfeit to the state the person's interest in:
(i) Any visual depiction of a child engaging in explicit sexual conduct in violation of this section, or any book, magazine, periodical, film, videotape or other matter which contains any such visual depiction, which was produced, transported, mailed, shipped, possessed or received in violation of this section;
(ii) Any property, real or personal, constituting or traceable to gross proceeds obtained from such offense;
(iii) Any property, real or personal, used or intended to be used to commit or to promote the commission of such offense.
(a) Except as otherwise provided in this section, a person is guilty of 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, if he, without the consent of the person being viewed, commits the crime of voyeurism by looking or viewing in a clandestine, surreptitious, prying or secretive nature into or within an area where the person being viewed has a reasonable expectation of privacy, including, but not limited to:
(i) Restrooms;
(ii) Baths;
(iii) Showers;
(iv) Dressing or fitting rooms;
(v) Bedrooms; or
(vi) Under the clothing being worn by another person, regardless of whether the person is in a place where the person has a reasonable expectation of privacy.
(b) Except as otherwise provided in this section, a person is guilty of 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, if he:
(i) Commits the offense specified in subsection (a) of this section by knowingly or intentionally capturing an image by means of a camera, a video camera or any other image recording device; or
(ii) Uses a camera, video camera or any other image recording device:
(A) For the purpose of observing, viewing, photographing, filming, recording, livestreaming or videotaping the intimate areas of another person;
(B) Under clothing being worn by the other person; and
(C) Without the consent of the other person.
(c) A minor convicted of violating subsection (b) of this section shall be guilty of a status offense as defined in W.S. 7-1-107(b)(iii) and may be fined not more than two hundred fifty dollars ($250.00).
(d) A person who is eighteen (18) years of age or older who commits an offense as specified in this section for which the victim is less than eighteen (18) years of age shall be guilty of a felony punishable by imprisonment of not more than ten (10) years, a fine of not greater than five thousand dollars ($5,000.00), or both.
(e) If a person sentenced under subsection (a) 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 six (6) months, provided the term of probation, including extensions, shall not exceed one (1) year.
(f) A person who is eighteen (18) years of age or older who commits an offense as specified in subsection (a) or (b) of this section who has previously been convicted as an adult of an offense under subsection (a) or (b) of this section or of a similar offense under the laws of another state shall be guilty of a felony punishable by imprisonment of not greater than five (5) years, a fine of not greater than five thousand dollars ($5,000.00), or both.
(g) As used in this section, "intimate area" means any portion of a person's pubic area, buttocks, vulva, genitals, female breast or undergarments intended to cover those portions. "Intimate area" does not include intimate areas visible through a person's clothing or intimate areas knowingly exposed in public.
6-4-305. Dissemination or possession of a nude image of a minor by a minor; definitions; penalties.
(a) As used in this section:
(i) "Disseminate" means to sell, distribute, deliver, provide, publish, transmit, text, email, exhibit or otherwise make available to another person but does not include any action taken to notify a person in a position of authority of the existence of a nude image of a minor;
(ii) "Juvenile detention facility" means as defined in W.S. 7-1-107(b)(i);
(iii) "Minor" means an individual who is under the age of eighteen (18) years;
(iv) "Nude image" means a photograph or video depicting a person's genitalia, perineum, anus or pubic area or the breast of a female. The term does not include a depiction of explicit sexual conduct as defined in W.S. 6-4-303(a)(iii).
(b) A minor is guilty of dissemination or possession of a nude image of a minor in the third degree if he knowingly:
(i) Disseminates a nude image of himself; or
(ii) Possesses a nude image of another minor who is at least eleven (11) years of age unless the minor inadvertently came into possession of the image and took reasonable steps to destroy the image or notify a person in a position of authority of its existence.
(c) A minor is guilty of dissemination of a nude image of a minor in the second degree if he knowingly disseminates a nude image of another minor who is at least eleven (11) years of age.
(d) A minor is guilty of dissemination or possession of a nude image of a minor in the first degree if, with the intent to coerce, intimidate, torment, harass or otherwise cause emotional distress to another minor, the minor:
(i) Disseminates or threatens to disseminate a nude image of another minor who is at least eleven (11) years of age; or
(ii) Captures a nude image of another minor who is at least eleven (11) years of age without the knowledge of the depicted minor.
(e) A minor convicted of violating subsection (b) of this section is guilty of a status offense as defined in W.S. 7-1-107(b)(iii) and may be fined not more than two hundred fifty dollars ($250.00).
(f) A minor convicted of violating subsection (c) or (d) of this section is guilty of a misdemeanor punishable by:
(i) For a violation of subsection (c) of this section, a fine of not more than five hundred dollars ($500.00), imprisonment in a juvenile detention facility for not more than three (3) months, or both;
(ii) For a violation of subsection (d) of this section, a fine of not more than seven hundred fifty dollars ($750.00), imprisonment in a juvenile detention facility for not more than six (6) months, or both.
6-4-306. Unlawful dissemination of intimate images; definitions; penalties; exemptions from liability.
(a) As used in this section:
(i) "Displaying sexual acts" means displaying an image of sexual acts regardless of whether a person's intimate parts are visible in the image;
(ii) "Disseminate" means to sell, distribute, deliver, provide, exhibit, post on social media or otherwise make available to a third party, but shall not include displaying an intimate image in private to the person depicted in the image;
(iii) "Image" means a photograph, film, videotape, recording, digital file or any other recording, including a computer generated image that purports to represent an identifiable person;
(iv) "Intimate image" means an image of a person's intimate parts or of a person engaging in sexual acts when the person depicted is identifiable from the image itself or from information displayed with or otherwise connected to the image;
(v) "Intimate parts" means the external genitalia, perineum, anus or pubic area of any person or the breast of a female person;
(vi) "Sexual acts" means sexual intercourse, cunnilingus, fellatio, analingus, anal intercourse or any intrusion, however slight, by any object or any part of a person's body into the genital or anal opening of another person's body if the intrusion can reasonably be construed as being for the purpose of sexual arousal, gratification or abuse;
(vii) "Social media" means any electronic medium, including an interactive computer service, telephone network or data network, that allows users to create, share, post or view user generated content, including but not limited to images, videos, still photographs, blogs, video blogs, podcasts, instant messages, electronic mail or internet website profiles.
(b) A person eighteen (18) years of age or older is guilty of the offense of disseminating an intimate image if the person:
(i) Disseminated an intimate image of another person;
(ii) Knew or should have known that the depicted person had a reasonable expectation that the image would remain private and the depicted person did not expressly give consent for the image's dissemination; and
(iii) Intended:
(A) To humiliate, harm, harass, threaten or coerce another; or
(B) For sexual gratification or arousal of others or of the person disseminating the intimate image.
(c) Dissemination of an intimate image is a misdemeanor punishable by not more than one (1) year imprisonment, a fine of not more than five thousand dollars ($5,000.00), or both.
(d) Nothing in the section shall be construed to impose criminal liability on the provider of an interactive computer service as defined in 47 U.S.C. § 230, an information service as defined in 47 U.S.C. § 153 or a telecommunications service as defined in 47 U.S.C. § 153, for content provided by another person.
6-4-307. Unlawful distribution of nonconsensual synthetic sexual material.
(a) A person commits the offense of unlawful distribution of nonconsensual synthetic sexual material if:
(i) The person:
(A) Knowingly, distributes, transmits or otherwise makes available synthetic sexual material that realistically depicts another identifiable person without that person's knowledge or consent;
(B) At the time of the distribution or transmission, knows that the synthetic sexual material was created or altered without the knowledge or consent of the depicted person and under circumstances in which the depicted person had a reasonable expectation of privacy; and
(C) The distribution of the synthetic sexual material causes harm to the depicted person or is intended to cause harm to the depicted person.
(ii) The person promotes synthetic sexual material on an internet website, social media website or other digital platform knowing the character and content of the synthetic sexual material; or
(iii) The person intentionally threatens to distribute synthetic sexual material that depicts a person's intimate parts exposed or engaged in sexual conduct without that person's consent and makes the threat to obtain a benefit in:
(A) Return for not making the disclosure; or
(B) Connection with the threatened disclosure.
(b) It shall not be a defense to prosecution under this section that the person depicted in the synthetic sexual material:
(i) Created or consented to the creation of the synthetic sexual material, unless the depicted person is the person who distributes, transmits or otherwise makes the material available for lawful purposes; or
(ii) Voluntarily transmitted the synthetic sexual material to the defendant.
(c) Unlawful distribution of synthetic sexual material is:
(i) Except as provided in paragraph (ii) of this subsection, a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both;
(ii) For a second or subsequent conviction under this section or of a substantially similar law of any other jurisdiction, a felony punishable by imprisonment for not more than twelve (12) years, a fine of not more than ten thousand dollars ($10,000.00), or both.
(d) Nothing in this act shall be construed to impose liability on interactive computer services as defined in 47 U.S.C. 230(f)(2) or on information services or telecommunications services as defined in 47 U.S.C. 153 for content provided by another person.
6-4-308. Unlawful development or distribution of artificial intelligence system for child pornography.
(a) As used in this section, "child pornography" means as defined by W.S. 6-4-303(a)(ii).
(b) A person commits the offense of unlawful development or distribution of an artificial intelligence system for child pornography if the person:
(i) Knowingly develops or distributes an artificial intelligence system specifically designed to create, distribute or promote child pornography or to create, distribute or promote synthetic sexual material; and
(ii) Develops or distributes the artificial intelligence system with the intent that the system be used by other persons to create, distribute or promote child pornography or with knowledge that the system will be used to create, distribute or promote child pornography.
(c) This section shall not apply:
(i) To any artificial intelligence system that produces content that promotes child pornography solely as a result of user prompts or inputs and without the developer's intent to encourage or promote child pornography;
(ii) To conduct taken in the course of bona fide school, college, university, museum or public library activities or in the course of employment of such an organization;
(iii) To conduct taken in the course of law enforcement and judicial activities;
(iv) To an interactive computer service as defined in 47 U.S.C. 230(f)(2) or to an information service or telecommunications service as defined in 47 U.S.C. 153 for content provided by another person.
(d) Unlawful development or distribution of an artificial intelligence system for child pornography is a felony punishable by imprisonment not to exceed ten (10) years, a fine not to exceed ten thousand dollars ($10,000.00), or both.
(a) A person commits bigamy if, being married and knowing that his spouse is alive, he marries again.
(b) It is a defense that the accused person reasonably believed that he was eligible to remarry.
(c) Bigamy 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.
6-4-402. Incest; penalties; disclosure or publication of identifying information; "minor victim".
(a) A person is guilty of incest if he knowingly commits sexual intrusion, as defined by W.S. 6-2-301(a)(vii), or sexual contact, as defined by W.S. 6-2-301(a)(vi), with an ancestor or descendant or a brother or sister of the whole or half blood. The relationships referred to herein include relationships of:
(i) Parent and child by adoption;
(ii) Blood relationships without regard to legitimacy; and
(iii) Stepparent and stepchild.
(b) Incest is a felony punishable by imprisonment for not more than fifteen (15) years, a fine of not more than ten thousand dollars ($10,000.00), or both.
(c) Prior to the filing of an information or indictment charging a violation under this section, neither the name of the person accused or the victim nor any other information reasonably likely to disclose their identity 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 name of the person accused may be released to the public to aid or facilitate an arrest.
(d) After the filing of an information or indictment and absent a request to release the identity of a minor victim by the victim or another acting on behalf of a minor victim, the trial court shall restrict the disclosure or publication of information reasonably likely to identify the minor victim.
(e) Any person who willfully violates subsection (c) or
(d) of this section or who willfully neglects or refuses to obey any court order made pursuant thereto is guilty of contempt 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.
(f) A release of a name or other information to the public in violation of the proscriptions of subsection (c) or (d) 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.
(g) As used in this section, "minor victim" means a person under the age of eighteen (18) years.
6-4-403. Abandoning or endangering children; penalties;
"child"; disclosure or publication of identifying information; "minor victim".
(a) No parent, guardian or custodian of a child shall:
(i) Abandon the child without just cause; or
(ii) Knowingly or with criminal negligence cause, permit or contribute to the endangering of the child's life or health by violating a duty of care, protection or support.
(b) No person shall knowingly:
(i) Cause, encourage, aid or contribute to a child's violation of any law of this state;
(ii) Cause, encourage, aid or permit a child to enter, remain or be employed in any place or premises used for prostitution or for professional gambling;
(iii) Commit any indecent or obscene act in the presence of a child;
(iv) Sell, give or otherwise furnish a child any drug prohibited by law without a physician's prescription;
(v) Conceal or refuse to reveal to the parent, guardian, lawful custodian or to a peace officer the location of a child knowing that the child has run away from a parent, guardian or lawful custodian, except when the action of the defendant is necessary to protect the child from an immediate danger to the child's welfare; or
(vi) Cause, encourage, aid or contribute to the endangering of a child's health, welfare or morals, by using, employing or permitting a child:
(A) In any business enterprise which is injurious or dangerous to the health, morals, life or physical safety of the child;
(B) In any place for purposes of begging;
(C) To be exhibited for the purpose of displaying any deformity of a child, except to physicians, nurses or other health professionals; or
(D) In a place used for prostitution.
(E) Repealed By Laws 1999, ch. 180, § 3.
(c) A person violating this section is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both. A person convicted of a second violation of this section is guilty of 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.
(d) As used in this section, "child" means a person under the age of sixteen (16) years.
(e) Paragraph (b)(ii) of this section does not apply to crimes chargeable under W.S. 6-4-103(a)(i). Paragraph (b)(iv) of this section does not apply to crimes chargeable under W.S. 35-7-1036.
(f) Prior to the filing of an information or indictment charging a violation of W.S. 6-4-403(b)(ii), (iii) or (vi)(D), neither the name of the person accused or the victim nor any other information reasonably likely to disclose the identity of the victim 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 name of the person accused may be released to the public to aid or facilitate an arrest.
(g) After the filing of an information or indictment and absent a request to release the identity of a minor victim by the victim or another acting on behalf of a minor victim, the trial court shall restrict the disclosure or publication of information reasonably likely to identify the minor victim.
(h) Any person who willfully violates subsection (f) or
(g) of this section or who willfully neglects or refuses to obey any court order made pursuant thereto is guilty of contempt 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.
(j) A release of a name or other information to the public in violation of the proscriptions of subsection (f) or (g) of this section shall not stand as a bar to the prosecution of a defendant or be grounds for dismissal of any charges against a defendant.
(k) As used in subsection (g) of this section, "minor victim" means a person under the age of eighteen (18) years.
6-4-404. Violation of domestic violence order of protection; penalty.
(a) Any person who willfully violates a protection order issued pursuant to W.S. 35-21-104 or 35-21-105 or valid injunction or order for protection against domestic violence as defined in W.S. 35-21-109(a), is guilty of 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.
(b) Repealed by Laws 2018, ch. 97, § 2.
(a) Unless properly stored and pursuant to a valid practitioner's medication order or valid prescription, no person shall knowingly and willfully cause or permit any child to:
(i) Absorb, inhale or otherwise ingest any amount of methamphetamine or fentanyl;
(ii) Remain in a room, dwelling or vehicle where the person knows methamphetamine or fentanyl is being manufactured or sold; or
(iii) Enter and remain in a room, dwelling or vehicle that the person knows is being used to manufacture or store fentanyl or methamphetamines, or the hazardous waste created by the manufacture of fentanyl or methamphetamines.
(b) No person having the care or custody of a child shall knowingly and willfully permit the child to remain in a room, dwelling or vehicle where that person knows that illicit methamphetamine or illicit fentanyl is possessed, stored or ingested.
(c) Any person who violates any of the provisions of subsection (a) or (b) of this section is guilty of endangering a child punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.
6-4-406. Permitting house parties where minors are present; exceptions; penalties.
(a) No person who owns, rents, leases, subleases or has control of any residence or premises shall allow a house party to take place at the residence or premises if any alcoholic liquor, malt beverage or drug prohibited by law to be possessed by a minor is possessed or consumed at the residence or premises by any minor and the person knowingly permitted the residence or premises to be used for that purpose.
(b) The provision of this section shall not apply to:
(i) The furnishing or giving of any alcoholic liquor or malt beverage by an adult to any person under the age of twenty-one (21) years, if the recipient is the legal ward, medical patient or member of the immediate family of the adult furnishing or giving the alcoholic liquor or malt beverage;
(ii) The consumption, use or possession of a drug pursuant to a lawful prescription issued for the drug;
(iii) Religious observance or prescribed medical treatment;
(iv) The possession of alcoholic liquor, malt beverage or lawfully prescribed drugs incidental to lawful employment.
(c) Any person violating any provision 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) For purposes of this section:
(i) "Minor" means as defined in W.S. 8-1-102(a)(iii)(B);
(ii) "Premises" includes, but is not limited to, a rented, leased or donated hotel or motel room, a manufactured home or any other public or private facility that is not licensed under chapter 4, title 12 of the Wyoming statutes.
6-4-501. Opening graves and removing bodies; penalty; exception.
(a) A person who opens a grave or tomb and removes a body or remains of a deceased person for any purpose without the knowledge and consent of near relations of the deceased commits a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00).
(b) This section does not prohibit exhumation if ordered by a court of competent jurisdiction or if performed in accordance with W.S. 7-4-106(c).
6-4-502. Mutilation of dead human bodies; concealing a felony; penalties; exceptions.
(a) Except as provided in this section, a person who dissects or mutilates a dead human body is guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both.
(b) This section does not apply to:
(i) The state health officer acting pursuant to W.S. 35-1-241, or a physician or surgeon acting on the order of a court of competent jurisdiction, a coroner or other qualified officer;
(ii) Dissection to determine the cause of death when authorized by the nearest living kin of deceased, a court of competent jurisdiction or other qualified officer;
(iii) Unclaimed dead human bodies delivered by state or county authorities to regularly chartered institutions for scientific research or persons certified by a state or local law enforcement agency to train search and rescue animals;
(iv) The necessary mutilation incident to embalming a dead human body when authorized by nearest living kin, a court of competent jurisdiction or other qualified officer; or
(v) Conduct authorized by the Revised Uniform Anatomical Gift Act, W.S. 35-5-201 through 35-5-225.
(c) A person who mutilates a dead human body or disposes of a dead human body in a hidden, undisclosed or transient location in order to conceal a felony offense is guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both.
(a) As used in this section:
(i) "Actor" means the person accused of bestiality;
(ii) "Sexual act with an animal" means any act, between a person and an animal involving direct physical contact between the genitals of one and the mouth, anus or genitals of the other. A sexual act with an animal may be proved without evidence of penetration.
(b) An actor commits the crime of bestiality if the actor knowingly:
(i) Engages in a sexual act with an animal;
(ii) Causes, aids or abets another in engaging in a sexual act with an animal;
(iii) Uses any part of the actor's body or an object to sexually stimulate an animal; or
(iv) For the purpose of sexual gratification, the actor visually records a person engaging in a sexual act with an animal.
(c) Bestiality is a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both.
(d) This section shall not apply to or prohibit normal, ordinary or accepted practices involved in animal husbandry, artificial insemination or veterinary medicine.
artificial intelligence systems intended to promote self-harm.
(a) As used in this section, "self-harm" means any behavior or action that is self-directed and that deliberately results in bodily injury, serious bodily injury or death or the potential of bodily injury, serious bodily injury or death to oneself.
(b) A person commits the offense of unlawful development or distribution of an artificial intelligence system intended to promote self-harm if the person:
(i) Knowingly develops or distributes an artificial intelligence system specifically designed to promote self-harm; and
(ii) Develops or distributes the system with the intent that the system will be used by others to promote self-harm or with knowledge that the system will be used to promote self-harm.
(c) This section shall not apply:
(i) To any artificial intelligence system that produces content that promotes self-harm solely as a result of user prompts or inputs and without the developer's intent to encourage or promote self-harm;
(ii) To conduct taken in the course of bona fide school, college, university, museum or public library activities or in the course of employment of such an organization;
(iii) To conduct taken in the course of law enforcement and judicial activities;
(iv) To licensed health care providers providing legitimate medical or therapeutic services;
(v) To an interactive computer service as defined in 47 U.S.C. 230(f)(2) or to an information service or telecommunications service as defined in 47 U.S.C. 153 for content provided by another person.
(d) Unlawful development or distribution of an artificial intelligence system to promote self-harm is 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.
(a) As used in this article:
(i) "Government" includes any branch, subdivision or agency of the state of Wyoming or any city, town, county, school district or special district within it;
(ii) "Governmental function" includes any activity which a public servant is legally authorized to undertake on behalf of a government;
(iii) "Harm" means loss, disadvantage or injury;
(iv) "Pecuniary benefit" is benefit in the form of property;
(A) Repealed by Laws 2015, ch. 82, § 2.
(B) Repealed by Laws 2015, ch. 82, § 2.
(C) Repealed by Laws 2015, ch. 82, § 2.
(v) "Public officer" means a person who holds an office which is created or granted authority by the constitution or the legislature and who exercises a portion of the sovereign power of the state;
(vi) "Public servant" means any public officer, employee of government, or any person participating, as juror, witness, advisor, consultant or otherwise, in performing a governmental function.
(a) A person commits bribery, if:
(i) He offers, confers or agrees to confer any pecuniary benefit, testimonial, privilege or personal advantage upon a public servant as consideration for the public servant's vote, exercise of discretion or other action in his official capacity; or
(ii) While a public servant, he solicits, accepts or agrees to accept any pecuniary benefit, testimonial, privilege or personal advantage upon an agreement or understanding that his vote, exercise of discretion or other action as a public servant will thereby be influenced.
(b) Bribery is a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than five thousand dollars ($5,000.00), or both.
6-5-103. Compensation for past official behavior; penalties.
(a) A person commits an offense if he solicits, accepts or agrees to accept any pecuniary benefit as compensation for having, as a public servant, given a decision or vote favorable to another, or for having otherwise exercised a discretion in his favor, or for having violated his statutory duties. For purposes of this section, "compensation" does not include mere acceptance of an offer of employment.
(b) Compensation for past official behavior is a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than five thousand dollars ($5,000.00), or both.
(a) A public servant commits soliciting unlawful compensation if he solicits, accepts or agrees to accept a pecuniary benefit for the performance of an official action knowing that he was required to perform that action without compensation or at a level of compensation lower than that requested.
(b) Soliciting unlawful compensation is a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than five thousand dollars ($5,000.00), or both.
6-5-105. Unlawful designation of provider of services or goods; penalties; affirmative defense.
(a) No public servant shall require or direct a bidder or contractor to deal with a particular person in procuring any goods or service required in submitting a bid to or fulfilling a contract with any government.
(b) A provision in an invitation to bid or a contract document which violates this section is against public policy and voidable.
(c) It is an affirmative defense that the defendant was a public servant acting within the scope of his authority exercising the right to reject any material, subcontractor, service, bond or contract tendered by a bidder or contractor because it did not meet bona fide specifications or requirements relating to quality, availability, experience or financial responsibility.
(d) A violation 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.
6-5-106. Conflict of interest; penalties; disclosure of interest and withdrawal from participation.
(a) Except as provided by subsection (b) of this section, a public servant commits an offense if he requests or receives any pecuniary benefit, other than lawful compensation, on any contract, or for the letting of any contract, or making any appointment where the government employing or subject to the discretion or decisions of the public servant is concerned.
(b) If any public servant discloses the nature and extent of his pecuniary interest to all parties concerned therewith and does not participate during the considerations and vote thereon and does not attempt to influence any of the parties and does not act for the governing body with respect to the contracts or appointments, then the acts are not unlawful under subsection
(a) of this section. Subsection (a) of this section does not apply to the operation, administration, inspection or performance of banking and deposit contracts or relationships after the selection of a depository.
(c) Violation of subsection (a) of this section is a misdemeanor punishable by a fine of not more than five thousand dollars ($5,000.00).
(a) A public servant commits a misdemeanor punishable by a fine of not more than five thousand dollars ($5,000.00), if, with intent to obtain a pecuniary benefit or maliciously to cause harm to another, he knowingly:
(i) Commits an act relating to his official duties that the public servant does not have the authority to undertake;
(ii) Refrains from performing a duty imposed upon him by law; or
(iii) Violates any statute relating to his official duties.
(b) A public officer commits a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00) if he intentionally fails to perform a duty in the manner and within the time prescribed by law.
(a) A public servant commits a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if he makes and issues an official certificate or other official written instrument which he is authorized to make and issue containing a statement which he knows to be false with intent to obtain a benefit or maliciously to cause harm to another.
(b) A public servant commits a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both, if he makes and issues an official certificate or other official written instrument which he is authorized to make and issue containing a statement which he knows to be false.
6-5-110. Wrongful appropriation of public property; penalties.
(a) A public servant who lawfully or unlawfully comes into possession of any property of any government and who, with intent temporarily to deprive the owner of its use and benefit, converts any of the public property to his own use or any use other than the public use authorized by law is guilty of wrongful appropriation of public property.
(b) Wrongful appropriation is a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both.
(c) This section shall not apply to limited use of government property or resources for personal purposes if the use does not interfere with the performance of a governmental function and either the cost or value related to the use is de minimis or the public servant reimburses the government for the cost of the use.
6-5-111. Failure or refusal to account for, deliver or pay over property; penalties.
A public servant who fails or refuses to account for, deliver and pay over property received by virtue of the office, when legally required by the proper person or authority is guilty of 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.
6-5-112. Mistreating persons in institutions or mental hospital; penalties; no bar to other criminal action.
(a) A person commits a felony punishable by imprisonment for not more than three (3) years, a fine of not more than three thousand dollars ($3,000.00), or both, if he:
(i) Is an employee of, or is responsible for the care of a person in, a reformatory, penal or charitable institution or a mental hospital and treats him with unnecessary severity, harshness or cruelty; or
(ii) Is an officer required by law to perform an act with regard to persons in a reformatory, penal or charitable institution or a mental hospital and he intentionally refuses or neglects to perform the act.
(b) This section does not bar prosecution, under any other criminal statute, of a person responsible for the care of a person in a reformatory, penal or charitable institution or a mental hospital, even if he also violates this section.
6-5-113. Removal from office after judgment of conviction.
A judgment of conviction rendered under W.S. 6-5-102 through 6-5-112 and 6-5-117 against any public servant, except state elected officials, supreme court justices, district court judges and circuit court judges, shall result in removal from office or discharge from employment.
6-5-114. Notarial officers; issuance of certificate without proper acknowledgment; penalties.
A notarial officer commits 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, if he signs and affixes his stamp to a certificate of acknowledgment when the party executing the instrument has not first acknowledged the execution of the instrument in the presence of, as defined in W.S. 32-3-102(a)(iii), the notarial officer, if by law the instrument is required to be recorded or filed and cannot be filed without a certificate of acknowledgment signed and sealed by a notarial officer.
6-5-115. Neglect or refusal of ministerial officer to
perform duty in criminal case; unnecessary delay in serving warrant; penalties.
(a) A person commits a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than five hundred dollars ($500.00), or both, if he is:
(i) A clerk, sheriff, coroner or other ministerial officer who refuses or neglects to perform any duty he is required by law to perform in any criminal case or proceeding; or
(ii) An officer who unnecessarily delays serving a warrant legally issued in any criminal case when it is his duty to execute and in his power to serve the warrant.
6-5-116. Public officer acting before qualifying; penalty.
An elected or appointed public officer or his deputy commits a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000.00) if he performs any duty of his office without taking and subscribing the oath prescribed by law or before giving and filing the bond required by law. This section shall not apply to training and similar minor preparation for taking office.
6-5-117. Public officer demanding kickback from deputy; penalties.
A public officer who requires a deputy appointed by him to divide or pay back to the officer a part of the deputy's salary or requires any type of compensation of any form in return for the deputy's continued employment is guilty of a felony punishable by imprisonment for not more than three (3) years, a fine of not more than five thousand dollars ($5,000.00), or both.
6-5-118. Conflict of interest; public investments; disclosure required; penalty; definitions.
(a) No public servant who invests public funds for a unit of government, or who has authority to decide how public funds are invested, shall transact any personal business with, receive any pecuniary benefit from or have any financial interest in any entity, other than a governmental entity, unless he has disclosed the benefit or interest in writing to the body of which he is a member or entity for which he is working. Disclosures shall be made annually in a public meeting and shall be made part of the record of proceedings. The public servant shall make the written disclosure prior to investing any public funds in any entity, other than a governmental entity, which:
(i) Provides any services related to investment of funds by that same unit of government; or
(ii) Has a financial interest in any security or other investment made by that unit of government.
(b) A violation of subsection (a) 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.
(c) The definitions in W.S. 6-5-101 shall apply to this section except "pecuniary benefit" shall also include benefits in the form of services such as, but not limited to, transportation and lodging. As used in this section, "personal business" means any activity that is not a governmental function as defined in W.S. 6-5-101(a)(ii).