Chapter 4 - Offenses Against Morals, Decency And Family
CHAPTER 4 - OFFENSES AGAINST MORALS, DECENCY AND FAMILY
ARTICLE 1 - PROSTITUTION
6-4-101. Prostitution; penalties.
Aperson who knowingly or intentionally performs or permits, or offers or agreesto perform or permit an act of sexual intrusion, as defined by W.S.6-2-301(a)(vii), for money or other property commits prostitution which is amisdemeanor punishable by imprisonment for not more than six (6) months, a fineof not more than seven hundred fifty dollars ($750.00), or both.
6-4-102. Soliciting an act of prostitution; penalties.
Aperson is guilty of soliciting an act of prostitution if, with the intent thatan act of sexual intrusion as defined by W.S. 6-2-301(a)(vii) be committed,that person knowingly or intentionally pays, or offers or agrees to pay moneyor other property to another person under circumstances strongly corroborative ofthe intention that an act of prostitution be committed. Soliciting an act ofprostitution 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), orboth.
6-4-103. Promoting prostitution; penalties.
(a) A person commits a felony if he:
(i) Knowingly or intentionally entices or compels anotherperson to become a prostitute;
(ii) Knowingly or intentionally procures, or offers or agrees toprocure, a person for another person for the purpose of prostitution;
(iii) Having control over the use of a place, knowingly orintentionally permits another person to use the place for prostitution; or
(iv) Receives money or other property from a prostitute, withoutlawful consideration, knowing it was earned in whole or in part fromprostitution.
(b) The felony defined by this section is punishable byimprisonment for not more than three (3) years, a fine of not more than threethousand dollars ($3,000.00), or both. However, the crime is a felonypunishable by imprisonment for not more than five (5) years, a fine of not morethan five thousand dollars ($5,000.00), or both, under paragraph (i) ofsubsection (a) of this section if the person enticed or compelled is under eighteen(18) years of age.
ARTICLE 2 - PUBLIC INDECENCY
6-4-201. Public indecency; exception; penalties.
(a) A person is guilty of public indecency if, while in apublic 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 oranother 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 sexualdesire of himself or another person.
(b) The act of breastfeeding an infant child, includingbreastfeeding in any place where the woman may legally be, does not constitutepublic indecency.
(c) Public indecency is a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both.
ARTICLE 3 - OBSCENITY
6-4-301. Definitions.
(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 expressionor communication intended for, or capable of, visual, auditory or sensoryperception;
(iii) "Obscene" is material which the average personwould find:
(A) Applying contemporary community standards, taken as awhole, appeals to the prurient interest;
(B) Applying contemporary community standards, depicts ordescribes 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 beingregardless of the process or means employed. Undeveloped photographs, films,molds, casts, printing plates and like articles may be obscene notwithstandingthat further processing or other acts are necessary to make the obscenitypatent or to disseminate or exhibit the obscene material;
(v) "Sexual conduct" means:
(A) Patently offensive representations or descriptions ofultimate sexual acts, normal or perverted, actual or simulated;
(B) Sado-masochistic abuse; or
(C) Patently offensive representations or descriptions ofmasturbation, excretory functions or lewd exhibitions of the genitals.
6-4-302. Promoting obscenity; penalties.
(a) A person commits the crime of promoting obscenity if he:
(i) Produces or reproduces obscene material with the intent ofdisseminating it;
(ii) Possesses obscene material with the intent of disseminatingit; or
(iii) Knowingly disseminates obscene material.
(b) Promoting obscenity is a misdemeanor punishable uponconviction as follows:
(i) If to an adult, by a fine not to exceed one thousanddollars ($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 exceedsix 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 anorganization.
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-generatedimage or picture, whether or not made or produced by electronic, mechanical orother means, of explicit sexual conduct, where:
(A) The production of the visual depiction involves the use ofa child engaging in explicit sexual conduct;
(B) The visual depiction is of explicit sexual conductinvolving a child or an individual virtually indistinguishable from a child; or
(C) The visual depiction has been created, adapted or modifiedto depict explicit sexual conduct involving a child or an individual virtuallyindistinguishable from a child.
(D) Repealed by Laws 2005, ch. 70, 2.
(iii) "Explicit sexual conduct" means actual orsimulated 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 lasciviousexhibition of the genitals or pubic area of any person;
(iv) "Visual depiction" means developed andundeveloped film and videotape, and data stored on computer disk or byelectronic 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 toengage 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 throughdigital or electronic means, whether or not by computer, any child pornography;
(iv) Possesses child pornography, except that this paragraphshall not apply to:
(A) Peace officers, court personnel or district attorneysengaged 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 suchmaterials in the course of a bona fide treatment or evaluation program at thetreatment or evaluation site; or
(C) Counsel for a person charged under this section.
(c) The sexual exploitation of a child pursuant to paragraphs(b)(i) through (iii) of this section is a felony punishable by imprisonment fornot less than five (5) years nor more than twelve (12) years, a fine of notmore than ten thousand dollars ($10,000.00), or both.
(d) The sexual exploitation of a child by possession ofsexually exploitive material pursuant to paragraph (b)(iv) of this section is afelony punishable by imprisonment for not more than ten (10) years, a fine ofnot more than ten thousand dollars ($10,000.00), or both.
(e) A second or subsequent conviction pursuant to paragraphs(b)(i) through (iv) of this section, or of a substantially similar law of anyother jurisdiction, is a felony punishable by imprisonment for not less thanseven (7) years nor more than twelve (12) years, a fine of not more than tenthousand dollars ($10,000.00), or both.
(f) Any person who is convicted of an offense under thissection shall forfeit to the state the person's interest in:
(i) Any visual depiction of a child engaging in explicit sexualconduct in violation of this section, or any book, magazine, periodical, film,videotape or other matter which contains any such visual depiction, which wasproduced, transported, mailed, shipped, possessed or received in violation ofthis section;
(ii) Any property, real or personal, constituting or traceableto gross proceeds obtained from such offense;
(iii) Any property, real or personal, used or intended to be usedto commit or to promote the commission of such offense.
6-4-304. Voyeurism; penalties.
(a) A person is guilty of a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both, if he, without the consent of theperson being viewed, commits the crime of voyeurism by looking in aclandestine, surreptitious, prying or secretive nature into an enclosed areawhere the person being viewed has a reasonable expectation of privacy,including, but not limited to:
(i) Restrooms;
(ii) Baths;
(iii) Showers; or
(iv) Dressing or fitting rooms.
(b) A person is guilty of a felony punishable by imprisonmentfor not more than two (2) 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 thissection 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 recordingdevice for the purpose of observing, viewing, photographing, filming orvideotaping another person under the clothing being worn by the other personwhere that other person has not consented to the observing, viewing,photographing, filming or videotaping.
ARTICLE 4 - OFFENSES AGAINST THE FAMILY
6-4-401. Bigamy; penalties; defense.
(a) A person commits bigamy if, being married and knowing thathis spouse is alive, he marries again.
(b) It is a defense that the accused person reasonably believedthat he was eligible to remarry.
(c) Bigamy is a felony punishable by imprisonment for not morethan 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 identifyinginformation; "minor victim".
(a) A person is guilty of incest if he knowingly commits sexualintrusion, as defined by W.S. 6-2-301(a)(vii), or sexual contact, as defined byW.S. 6-2-301(a)(vi), with an ancestor or descendant or a brother or sister ofthe whole or half blood. The relationships referred to herein includerelationships 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 morethan 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 indictmentcharging a violation under this section, neither the name of the person accusedor the victim nor any other information reasonably likely to disclose theiridentity shall be released or negligently allowed to be released to the publicby any public employee, except as authorized by the judge with jurisdictionover the criminal charges. The name of the person accused may be released tothe public to aid or facilitate an arrest.
(d) After the filing of an information or indictment and absenta request to release the identity of a minor victim by the victim or anotheracting on behalf of a minor victim, the trial court shall restrict thedisclosure or publication of information reasonably likely to identify theminor victim.
(e) Any person who willfully violates subsection (c) or (d) ofthis section or who willfully neglects or refuses to obey any court order madepursuant thereto is guilty of contempt and, upon conviction, shall be fined notmore than seven hundred fifty dollars ($750.00) or be imprisoned in the countyjail not more than ninety (90) days, or both.
(f) A release of a name or other information to the public inviolation of the proscriptions of subsection (c) or (d) of this section shallnot stand as a bar to the prosecution of a defendant nor be grounds fordismissal of any charges against a defendant.
(g) As used in this section, "minor victim" means aperson 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 orcontribute to the endangering of the child's life or health by violating a dutyof care, protection or support.
(b) No person shall knowingly:
(i) Cause, encourage, aid or contribute to a child's violationof any law of this state;
(ii) Cause, encourage, aid or permit a child to enter, remain orbe employed in any place or premises used for prostitution or for professionalgambling;
(iii) Commit any indecent or obscene act in the presence of achild;
(iv) Sell, give or otherwise furnish a child any drug prohibitedby law without a physician's prescription; or
(v) Cause, encourage, aid or contribute to the endangering of achild's health, welfare or morals, by using, employing or permitting a child:
(A) In any business enterprise which is injurious or dangerousto 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 deformityof 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.
(vi) Conceal or refuse to reveal to the parent, guardian, lawfulcustodian or to a peace officer the location of a child knowing that the childhas run away from a parent, guardian or lawful custodian, except when theaction of the defendant is necessary to protect the child from an immediatedanger to the child's welfare.
(c) A person violating this section is guilty of a misdemeanorpunishable by imprisonment for not more than one (1) year, a fine of not morethan one thousand dollars ($1,000.00), or both. A person convicted of a secondviolation of this section is guilty of a felony punishable by imprisonment fornot 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 personunder the age of sixteen (16) years.
(e) Subsection (b)(ii) of this section does not apply to crimeschargeable under W.S. 6-4-103(a)(i). Subsection (b)(iv) of this section doesnot apply to crimes chargeable under W.S. 35-7-1036.
(f) Prior to the filing of an information or indictmentcharging a violation of W.S. 6-4-403(b)(ii), (iii) or (v)(D) or (E), neitherthe name of the person accused or the victim nor any other informationreasonably likely to disclose the identity of the victim shall be released ornegligently allowed to be released to the public by any public employee, exceptas authorized by the judge with jurisdiction over the criminal charges. Thename of the person accused may be released to the public to aid or facilitatean arrest.
(g) After the filing of an information or indictment and absenta request to release the identity of a minor victim by the victim or anotheracting on behalf of a minor victim, the trial court shall restrict thedisclosure or publication of information reasonably likely to identify the minorvictim.
(h) Any person who willfully violates subsection (f) or (g) ofthis section or who willfully neglects or refuses to obey any court order madepursuant thereto is guilty of contempt and, upon conviction, shall be fined notmore than seven hundred fifty dollars ($750.00) or be imprisoned in the countyjail not more than ninety (90) days, or both.
(j) A release of a name or other information to the public inviolation of the proscriptions of subsection (f) or (g) of this section shallnot stand as a bar to the prosecution of a defendant or be grounds fordismissal of any charges against a defendant.
(k) As used in subsection (g) of this section, "minorvictim" means a person under the age of eighteen (18) years.
6-4-404. Violation of order of protection; penalty.
(a) Any person who willfully violates a protection order orvalid foreign protection order as defined in W.S. 35-21-109(a), is guilty of amisdemeanor punishable by imprisonment for not more than six (6) months, a fineof not more than seven hundred fifty dollars ($750.00), or both.
(b) For purposes of subsection (a) of this section,"protection order" means an order of protection issued pursuant toW.S. 35-21-104 or 35-21-105 or any injunction or other order issued for thepurpose of preventing violent or threatening acts or harassment against, orcontact or communication with or physical proximity to, another person,including temporary and final orders issued by civil and criminal courts, otherthan support or child custody orders, whether obtained by filing an independentaction or as a pendente lite order in another proceeding so long as any civilorder was issued in response to a complaint, petition or motion filed by or onbehalf of a person seeking protection.
6-4-405. Endangering children; controlled substances; penalty.
(a) Notwithstanding W.S. 6-4-403(b)(iv), no person shallknowingly and willfully cause or permit any child to:
(i) Absorb, inhale or otherwise ingest any amount ofmethamphetamine;
(ii) Remain in a room, dwelling or vehicle where the personknows methamphetamine is being manufactured or sold; or
(iii) Enter and remain in a room, dwelling or vehicle that theperson knows is being used to manufacture or store methamphetamines, or thehazardous waste created by the manufacture of methamphetamines.
(b) No person having the care or custody of a child shallknowingly and willfully permit the child to remain in a room, dwelling orvehicle where that person knows that methamphetamine is possessed, stored oringested.
(c) Any person who violates any of the provisions ofsubsections (a) or (b) of this section is guilty of endangering a childpunishable by imprisonment for not more than five (5) years, a fine of not morethan 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 controlof any residence or premises shall allow a house party to take place at theresidence or premises if any alcoholic liquor, malt beverage or drug prohibitedby law to be possessed by a minor is possessed or consumed at the residence orpremises by any minor and the person knowingly permitted the residence orpremises 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 maltbeverage by an adult to any person under the age of twenty-one (21) years, ifthe recipient is the legal ward, medical patient or member of the immediatefamily of the adult furnishing or giving the alcoholic liquor or malt beverage;
(ii) The consumption, use or possession of a drug pursuant to alawful prescription issued for the drug;
(iii) Religious observance or prescribed medical treatment;
(iv) The possession of alcoholic liquor, malt beverage orlawfully prescribed drugs incidental to lawful employment.
(c) Any person violating any provision of this section isguilty of a misdemeanor and, upon conviction, shall be punished by imprisonmentfor not more than six (6) months, a fine of not more than seven hundred fiftydollars ($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, arented, leased or donated hotel or motel room, a manufactured home or any otherpublic or private facility that is not licensed under chapter 4, title 12 ofthe Wyoming statutes.
ARTICLE 5 - DESECRATING GRAVES AND BODIES
6-4-501. Opening graves and removing bodies; penalty; exception.
(a) A person who opens a grave or tomb and removes a body orremains of a deceased person for any purpose without the knowledge and consentof near relations of the deceased commits a misdemeanor punishable by a fine ofnot more than seven hundred fifty dollars ($750.00).
(b) This section does not prohibit exhumation if ordered by acourt of competent jurisdiction.
6-4-502. Mutilation of dead human bodies; penalties; exceptions.
(a) Except as provided in this section, a person who dissectsor mutilates a dead human body is guilty of a felony punishable by imprisonmentfor not more than three (3) years, a fine of not more than five thousanddollars ($5,000.00), 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 competentjurisdiction, a coroner or other qualified officer;
(ii) Dissection to determine the cause of death when authorizedby the nearest living kin of deceased;
(iii) Unclaimed dead human bodies delivered by state or countyauthorities to regularly chartered institutions for scientific research;
(iv) The necessary mutilation incident to embalming a dead humanbody when authorized by nearest living kin, a court of competent jurisdictionor other qualified officer; or
(v) Conduct authorized by the Revised Uniform Anatomical GiftAct, W.S. 35-5-201 through 35-5-225.