Wyoming 2025 Regular Session

Wyoming House Bill HB0189 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		2025
2	2		STATE OF WYOMING
3		-	25LSO-0248
4		-	ENGROSSED
5		-	1HB0189
	3	+	25LSO-02481HB0189
6	4		HOUSE BILL NO. HB0189
7	5		Harmful communication-minors.
8	6		Sponsored by: Representative(s) Lien, Angelos, Brady,
9	7		Lawley, Lucas, Washut, Webb and Webber and
10	8		Senator(s) Pearson
11	9		A BILL
12	10		for
13	11		1 AN ACT relating to crimes and offenses; prohibiting adults
14	12		2 from communicating with minors about sexual activity as
15	13		3 specified; providing penalties; providing definitions;
16	14		4 making conforming amendments; creating a cause of action;
17	15		5 specifying applicability; and providing for an effective
18	16		6 date.
19	17		7
20	18		8
21	19		9
22	20		10. W.S. 6-2-321 is created to read:
23	21		11
24	22		12
25	23		13
26	24		14
27		-	15 (a) As used in this section: 2025STATE OF WYOMING25LSO-0248
28		-	ENGROSSED
29		-	2HB01891
	25	+	15 (a) As used in this section: 2025STATE OF WYOMING25LSO-02482HB01891
30	26		2 (i) "Obscene" means any communication that
31		-	3 includes any of the following when directed at a minor or
32		-	4 purported minor:
	27	+	3 includes any of the following when directed at a minor:
	28	+	4
	29	+	5 (A) Explicit descriptions of sexual
	30	+	6 conduct;
	31	+	7
	32	+	8 (B) Descriptions of sexual arousal;
	33	+	9
	34	+	10 (C) Requests for sexual images or sexual
	35	+	11 discussions;
	36	+	12
	37	+	13 (D) Sexualized descriptions of human bodies
	38	+	14 or body parts;
	39	+	15
	40	+	16 (E) Attempts to normalize sexual contact
	41	+	17 between adults and minors;
	42	+	18
	43	+	19 (F) Behaviors intended to desensitize
	44	+	20 minors to sexual content inappropriate for the minor's age
	45	+	21 based on:
	46	+	22
	47	+	23 (I) The minor's developmental stage; 2025STATE OF WYOMING25LSO-02483HB01891
	48	+	2 (II) Lack of parental consent or
	49	+	3 knowledge of the discussions;
	50	+	4
	51	+	5 (III) The context of the
	52	+	6 communication;
	53	+	7
	54	+	8 (IV) Any ongoing pattern of sexual
	55	+	9 content.
	56	+	10
	57	+	11 (ii) "Pattern of communication" means two (2) or
	58	+	12 more separate instances of communication that:
	59	+	13
	60	+	14 (A) Are directed toward the same minor or
	61	+	15 purported minor; and
	62	+	16
	63	+	17 (B) May occur across any combination of
	64	+	18 written, electronic or verbal communication.
	65	+	19
	66	+	20 (iii) "Personal sexual gratification" means
	67	+	21 communication intended to:
	68	+	22
	69	+	23 (A) Arouse or appeal to sexual desires; 2025STATE OF WYOMING25LSO-02484HB01891
	70	+	2 (B) Obtain sexual arousal or pleasure;
	71	+	3
	72	+	4 (C) Elicit sexual responses or reactions;
33	73		5
34		-	6 (A) Explicit ~~descriptions of sexual~~
35		-	7 ~~conduct~~;
	74	+	6 (D) Create or share sexually explicit
	75	+	7 content;
36	76		8
37		-	9 (B) ~~Descriptions of sexual arousal;~~
	77	+	9 (E) Engage in sexually explicit role play.
38	78		10
39		-	11 (C) Requests for sexual images or sexual
40		-	12 discussions;
	79	+	11 (b) Except under circumstances constituting a
	80	+	12 violation of W.S. 6-2-318, a person is guilty of sexual
	81	+	13 communication with a minor if the person is not less than
	82	+	14 eighteen (18) years old or older and knowingly engages in a
	83	+	15 pattern of written, electronic or verbal communication:
	84	+	16
	85	+	17 (i) With a person less than the age of eighteen
	86	+	18 (18) years, or a person purported to be less than the age
	87	+	19 of eighteen (18) years;
	88	+	20
	89	+	21 (ii) Where the actor is more than four (4) years
	90	+	22 older than the victim;
	91	+	23 2025STATE OF WYOMING25LSO-02485HB01891 (iii) Where the communication includes obscene
	92	+	2 verbal or written descriptions or obscene images; and
	93	+	3
	94	+	4 (iv) When the actor engages in the pattern of
	95	+	5 communication for the purpose of personal sexual
	96	+	6 gratification.
	97	+	7
	98	+	8 (c) A person convicted under subsection (b) of this
	99	+	9 section shall be punished as follows:
	100	+	10
	101	+	11 (i) A first offense is a felony punishable by
	102	+	12 imprisonment for not more than five (5) years and a fine of
	103	+	13 not less than one thousand dollars ($1,000.00) and not more
	104	+	14 than five thousand dollars ($5,000.00);
	105	+	15
	106	+	16 (ii) A second offense is a felony punishable by
	107	+	17 imprisonment for not more than ten (10) years and a fine of
	108	+	18 not more than ten thousand dollars ($10,000.00);
	109	+	19
	110	+	20 (iii) A third or subsequent offense is a felony
	111	+	21 punishable by imprisonment for not more than twenty (20)
	112	+	22 years and a fine of not more than twenty thousand dollars
	113	+	23 ($20,000.00). 2025STATE OF WYOMING25LSO-02486HB01891
	114	+	2 (d) Persons convicted under this section may be
	115	+	3 prohibited from using social media during any period of
	116	+	4 incarceration, probation or parole.
	117	+	5
	118	+	6 (e) Persons convicted under this section shall be
	119	+	7 subject to forfeiture of the devices they used to
	120	+	8 communicate with minors.
	121	+	9
	122	+	10 (f) A victim shall have a cause of action against the
	123	+	11 actor in a court of competent jurisdiction for damages and
	124	+	12 any other relief the court deems reasonable.
41	125		13
42		-	14 (D) ~~Sexualized descriptions of human bodies~~
43		-	15 or ~~body parts;~~
44		-	16
45		-	17 ~~(E) Attempts to normalize sexual contact~~
46		-	18 ~~between adults and minors;~~
	126	+	14 (g) This section shall not apply to any person who
	127	+	15 communicates or instructs about sexual matters in the
	128	+	16 course of a bona fide school, college or university
	129	+	17 activities or in the course of employment of such an
	130	+	18 organization.
47	131		19
48		-	20 (F) Behaviors intended to desensitize
49		-	21 minors to sexual content inappropriate for the minor's age
50		-	22 based on:
51		-	23 2025STATE OF WYOMING25LSO-0248
52		-	ENGROSSED
53		-	3HB01891 (I) The minor's developmental stage;
54		-	2
55		-	3 (II) Lack of parental consent or
56		-	4 knowledge of the discussions;
57		-	5
58		-	6 (III) The context of the
59		-	7 communication;
	132	+	20W.S. 7-19-302(g) is amended to read:
	133	+	21
	134	+	22
	135	+	23 2025STATE OF WYOMING25LSO-02487HB01891
	136	+	2 (g) For an offender convicted of a violation of W.S.
	137	+	3 6-2-316(a)(i) and (iv), 6-2-705, 6-4-303(b)(iv) or
	138	+	4 6-4-304(b) if the victim was a minor, 18 U.S.C. §§ 2252B,
	139	+	5 2252C, 2424 and 2425, an offense in another jurisdiction
	140	+	6 containing the same or similar elements, or arising out of
	141	+	7 the same or similar facts or circumstances as a criminal
	142	+	8 offense specified in this subsection or an attempt or
	143	+	9 conspiracy to commit any of the offenses specified in this
	144	+	10 subsection, the division shall annually verify the accuracy
	145	+	11 of the offender's registered address, and the offender
	146	+	12 shall annually report, in person, his current address to
	147	+	13 the sheriff in the county in which the offender resides,
	148	+	14 during the period in which he is required to register.
	149	+	15 During the annual in-person verification, the sheriff shall
	150	+	16 photograph the offender. Confirmation of the in-person
	151	+	17 verification required under this subsection, along with the
	152	+	18 photograph of the offender, shall be transmitted by the
	153	+	19 sheriff to the division within three (3) working days.
	154	+	20 person under this subsection who has not established a
	155	+	21 residence or is transient, and who is reporting to the
	156	+	22 sheriff as required under subsection (e) of this section, 2025STATE OF WYOMING25LSO-02488HB0189
	157	+	1 shall be deemed in compliance with the address verification
	158	+	2 requirements of this section.
	159	+	3
	160	+	4. This act is effective immediately upon
	161	+	5 completion of all acts necessary for a bill to become law
	162	+	6 as provided by Article 4, Section 8 of the Wyoming
	163	+	7 Constitution.
60	164		8
61		-	9 (IV) Any ongoing pattern of sexual
62		-	10 content.
63		-	11
64		-	12 (ii) "Pattern of communication" means two (2) or
65		-	13 more separate instances of communication that:
66		-	14
67		-	15 (A) Are directed toward the same minor or
68		-	16 purported minor; and
69		-	17
70		-	18 (B) May occur across any combination of
71		-	19 written, electronic or verbal communication.
72		-	20
73		-	21 (iii) "Personal sexual gratification" means
74		-	22 communication intended to:
75		-	23 2025STATE OF WYOMING25LSO-0248
76		-	ENGROSSED
77		-	4HB01891 (A) Arouse or appeal to sexual desires;
78		-	2
79		-	3 (B) Obtain sexual arousal or pleasure;
80		-	4
81		-	5 (C) Elicit sexual responses or reactions;
82		-	6
83		-	7 (D) Create or share sexually explicit
84		-	8 content;
85		-	9
86		-	10 (E) Engage in sexually explicit role play.
87		-	11
88		-	12 (b) Except under circumstances constituting a
89		-	13 violation of W.S. 6-2-318, a person is guilty of sexual
90		-	14 communication with a minor or purported minor if the person
91		-	15 is not less than eighteen (18) years old or older and
92		-	16 knowingly engages in a pattern of written, electronic or
93		-	17 verbal communication:
94		-	18
95		-	19 (i) With a person less than the age of eighteen
96		-	20 (18) years, or a person purported to be less than the age
97		-	21 of eighteen (18) years;
98		-	22 2025STATE OF WYOMING25LSO-0248
99		-	ENGROSSED
100		-	5HB01891 (ii) Except as provided by subsection (h) of
101		-	2 this section, where the actor is more than four (4) years
102		-	3 older than the victim;
103		-	4
104		-	5 (iii) Where the communication includes obscene
105		-	6 verbal or written descriptions or obscene images; and
106		-	7
107		-	8 (iv) When the actor engages in the pattern of
108		-	9 communication for the purpose of personal sexual
109		-	10 gratification.
110		-	11
111		-	12 (c) A person convicted under subsection (b) of this
112		-	13 section shall be punished as follows:
113		-	14
114		-	15 (i) A first offense is a felony punishable by
115		-	16 imprisonment for not more than five (5) years and a fine of
116		-	17 not less than one thousand dollars ($1,000.00) and not more
117		-	18 than five thousand dollars ($5,000.00), or both;
118		-	19
119		-	20 (ii) A second offense is a felony punishable by
120		-	21 imprisonment for not more than ten (10) years and a fine of
121		-	22 not more than ten thousand dollars ($10,000.00), or both;
122		-	23 2025STATE OF WYOMING25LSO-0248
123		-	ENGROSSED
124		-	6HB01891 (iii) A third or subsequent offense is a felony
125		-	2 punishable by imprisonment for not more than twenty (20)
126		-	3 years and a fine of not more than twenty thousand dollars
127		-	4 ($20,000.00), or both.
128		-	5
129		-	6 (d) Persons convicted under this section may be
130		-	7 prohibited from using social media during any period of
131		-	8 incarceration, probation or parole.
132		-	9
133		-	10 (e) Persons convicted under this section shall be
134		-	11 subject to forfeiture of the devices they used to
135		-	12 communicate with minors or purported minors.
136		-	13
137		-	14 (f) A minor victim, or the minor's parent or legal
138		-	15 guardian acting on behalf of the minor, may bring a civil
139		-	16 cause of action under this section for damages and any
140		-	17 other relief the court deems reasonable. The ability of a
141		-	18 parent or legal guardian to bring a civil action on behalf
142		-	19 of the minor shall not preclude the minor from bringing an
143		-	20 action independently upon reaching the age of majority.
144		-	21 This civil cause of action is independent of criminal
145		-	22 proceedings and may be brought by the minor or the minor's
146		-	23 parent or legal guardian regardless of whether criminal 2025STATE OF WYOMING25LSO-0248
147		-	ENGROSSED
148		-	7HB0189
149		-	1 charges have been filed. A civil cause of action under this
150		-	2 section shall not be contingent upon a conviction in a
151		-	3 criminal case.
152		-	4
153		-	5 (g) This section shall not apply to any person who
154		-	6 communicates or instructs about sexual matters in the
155		-	7 course of any age-appropriate sex education curriculum or
156		-	8 program at any church, school, college or university.
157		-	9
158		-	10 (h) Nothing in this section shall require law
159		-	11 enforcement to notify the parent or legal guardian of a
160		-	12 minor who reports a violation or is the victim of a
161		-	13 violation of this section, or any other connected violation
162		-	14 of Wyoming law, if the parent or guardian is alleged to
163		-	15 have been a party to the violation or law enforcement
164		-	16 believes the parent or guardian will interfere with the
165		-	17 investigation.
166		-	18
167		-	19 (j) This section shall not apply to a minor's spouse
168		-	20 if a judge of a court of record in Wyoming has approved the
169		-	21 marriage, the minor's parent or legal guardian has provided
170		-	22 consent for the marriage, or the minor is emancipated, as
171		-	23 specified in W.S. 20-1-102(b) through (d). 2025STATE OF WYOMING25LSO-0248
172		-	ENGROSSED
173		-	8HB01891
174		-	2W.S. 7-19-302(g) is amended to read:
175		-	3
176		-	4
177		-	5
178		-	6
179		-	7 (g) For an offender convicted of a violation of W.S.
180		-	8 6-2-316(a)(i) and (iv), 6-2-705, 6-4-303(b)(iv) or
181		-	9 6-4-304(b) if the victim was a minor, 18 U.S.C. §§ 2252B,
182		-	10 2252C, 2424 and 2425, an offense in another jurisdiction
183		-	11 containing the same or similar elements, or arising out of
184		-	12 the same or similar facts or circumstances as a criminal
185		-	13 offense specified in this subsection or an attempt or
186		-	14 conspiracy to commit any of the offenses specified in this
187		-	15 subsection, the division shall annually verify the accuracy
188		-	16 of the offender's registered address, and the offender
189		-	17 shall annually report, in person, his current address to
190		-	18 the sheriff in the county in which the offender resides,
191		-	19 during the period in which he is required to register.
192		-	20 During the annual in-person verification, the sheriff shall
193		-	21 photograph the offender. Confirmation of the in-person
194		-	22 verification required under this subsection, along with the
195		-	23 photograph of the offender, shall be transmitted by the 2025STATE OF WYOMING25LSO-0248
196		-	ENGROSSED
197		-	9HB0189
198		-	1 sheriff to the division within three (3) working days.
199		-	2 person under this subsection who has not established a
200		-	3 residence or is transient, and who is reporting to the
201		-	4 sheriff as required under subsection (e) of this section,
202		-	5 shall be deemed in compliance with the address verification
203		-	6 requirements of this section.
204		-	7
205		-	8. This act is effective immediately upon
206		-	9 completion of all acts necessary for a bill to become law
207		-	10 as provided by Article 4, Section 8 of the Wyoming
208		-	11 Constitution.
209		-	12
210		-	13 (END)
	165	+	9 (END)