2025 STATE OF WYOMING 25LSO-02481HB0189 HOUSE BILL NO. HB0189 Harmful communication-minors. Sponsored by: Representative(s) Lien, Angelos, Brady, Lawley, Lucas, Washut, Webb and Webber and Senator(s) Pearson A BILL for 1 AN ACT relating to crimes and offenses; prohibiting adults 2 from communicating with minors about sexual activity as 3 specified; providing penalties; providing definitions; 4 making conforming amendments; creating a cause of action; 5 specifying applicability; and providing for an effective 6 date. 7 8 9 10. W.S. 6-2-321 is created to read: 11 12 13 14 15 (a) As used in this section: 2025STATE OF WYOMING25LSO-02482HB01891 2 (i) "Obscene" means any communication that 3 includes any of the following when directed at a minor: 4 5 (A) Explicit descriptions of sexual 6 conduct; 7 8 (B) Descriptions of sexual arousal; 9 10 (C) Requests for sexual images or sexual 11 discussions; 12 13 (D) Sexualized descriptions of human bodies 14 or body parts; 15 16 (E) Attempts to normalize sexual contact 17 between adults and minors; 18 19 (F) Behaviors intended to desensitize 20 minors to sexual content inappropriate for the minor's age 21 based on: 22 23 (I) The minor's developmental stage; 2025STATE OF WYOMING25LSO-02483HB01891 2 (II) Lack of parental consent or 3 knowledge of the discussions; 4 5 (III) The context of the 6 communication; 7 8 (IV) Any ongoing pattern of sexual 9 content. 10 11 (ii) "Pattern of communication" means two (2) or 12 more separate instances of communication that: 13 14 (A) Are directed toward the same minor or 15 purported minor; and 16 17 (B) May occur across any combination of 18 written, electronic or verbal communication. 19 20 (iii) "Personal sexual gratification" means 21 communication intended to: 22 23 (A) Arouse or appeal to sexual desires; 2025STATE OF WYOMING25LSO-02484HB01891 2 (B) Obtain sexual arousal or pleasure; 3 4 (C) Elicit sexual responses or reactions; 5 6 (D) Create or share sexually explicit 7 content; 8 9 (E) Engage in sexually explicit role play. 10 11 (b) Except under circumstances constituting a 12 violation of W.S. 6-2-318, a person is guilty of sexual 13 communication with a minor if the person is not less than 14 eighteen (18) years old or older and knowingly engages in a 15 pattern of written, electronic or verbal communication: 16 17 (i) With a person less than the age of eighteen 18 (18) years, or a person purported to be less than the age 19 of eighteen (18) years; 20 21 (ii) Where the actor is more than four (4) years 22 older than the victim; 23 2025STATE OF WYOMING25LSO-02485HB01891 (iii) Where the communication includes obscene 2 verbal or written descriptions or obscene images; and 3 4 (iv) When the actor engages in the pattern of 5 communication for the purpose of personal sexual 6 gratification. 7 8 (c) A person convicted under subsection (b) of this 9 section shall be punished as follows: 10 11 (i) A first offense is a felony punishable by 12 imprisonment for not more than five (5) years and a fine of 13 not less than one thousand dollars ($1,000.00) and not more 14 than five thousand dollars ($5,000.00); 15 16 (ii) A second offense is a felony punishable by 17 imprisonment for not more than ten (10) years and a fine of 18 not more than ten thousand dollars ($10,000.00); 19 20 (iii) A third or subsequent offense is a felony 21 punishable by imprisonment for not more than twenty (20) 22 years and a fine of not more than twenty thousand dollars 23 ($20,000.00). 2025STATE OF WYOMING25LSO-02486HB01891 2 (d) Persons convicted under this section may be 3 prohibited from using social media during any period of 4 incarceration, probation or parole. 5 6 (e) Persons convicted under this section shall be 7 subject to forfeiture of the devices they used to 8 communicate with minors. 9 10 (f) A victim shall have a cause of action against the 11 actor in a court of competent jurisdiction for damages and 12 any other relief the court deems reasonable. 13 14 (g) This section shall not apply to any person who 15 communicates or instructs about sexual matters in the 16 course of a bona fide school, college or university 17 activities or in the course of employment of such an 18 organization. 19 20W.S. 7-19-302(g) is amended to read: 21 22 23 2025STATE OF WYOMING25LSO-02487HB01891 2 (g) For an offender convicted of a violation of W.S. 3 6-2-316(a)(i) and (iv), 6-2-705, 6-4-303(b)(iv) or 4 6-4-304(b) if the victim was a minor, 18 U.S.C. ยงยง 2252B, 5 2252C, 2424 and 2425, an offense in another jurisdiction 6 containing the same or similar elements, or arising out of 7 the same or similar facts or circumstances as a criminal 8 offense specified in this subsection or an attempt or 9 conspiracy to commit any of the offenses specified in this 10 subsection, the division shall annually verify the accuracy 11 of the offender's registered address, and the offender 12 shall annually report, in person, his current address to 13 the sheriff in the county in which the offender resides, 14 during the period in which he is required to register. 15 During the annual in-person verification, the sheriff shall 16 photograph the offender. Confirmation of the in-person 17 verification required under this subsection, along with the 18 photograph of the offender, shall be transmitted by the 19 sheriff to the division within three (3) working days. 20 person under this subsection who has not established a 21 residence or is transient, and who is reporting to the 22 sheriff as required under subsection (e) of this section, 2025STATE OF WYOMING25LSO-02488HB0189 1 shall be deemed in compliance with the address verification 2 requirements of this section. 3 4. This act is effective immediately upon 5 completion of all acts necessary for a bill to become law 6 as provided by Article 4, Section 8 of the Wyoming 7 Constitution. 8 9 (END)