Text of WY HB 189 (2025)
Harmful communication-minors.
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As introduced
6,707 characters
2025
STATE OF WYOMING
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HB0189
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
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AN ACT relating to crimes and offenses; prohibiting adults
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from communicating with minors about sexual activity as
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specified;
providing
penalties;
providing
definitions;
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making conforming amendments; creating a cause of action;
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specifying applicability; and providing for an effective
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date.
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Be It Enacted by the Legislature of the State of Wyoming:
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Section 1. W.S. 6-2-321 is created to read:
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6-2-321. Sexual communication with minors; penalties;
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civil cause of action; social media prohibition.
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(a) As used in this section:
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(i) "Obscene"
means
any
communication
that
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includes any of the following when directed at a minor:
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(A) Explicit
descriptions
of
sexual
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conduct;
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(B) Descriptions of sexual arousal;
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(C) Requests for sexual images or sexual
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discussions;
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(D) Sexualized descriptions of human bodies
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or body parts;
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(E) Attempts to normalize sexual contact
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between adults and minors;
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(F) Behaviors
intended
to
desensitize
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minors to sexual content inappropriate for the minor's age
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based on:
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(I) The minor's developmental stage;
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(II) Lack
of
parental
consent
or
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knowledge of the discussions;
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(III) The
context
of
the
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communication;
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(IV) Any ongoing pattern of sexual
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content.
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(ii) "Pattern of communication" means two (2) or
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more separate instances of communication that:
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(A) Are directed toward the same minor or
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purported minor; and
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(B) May occur across any combination of
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written, electronic or verbal communication.
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(iii) "Personal
sexual
gratification"
means
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communication intended to:
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(A) Arouse or appeal to sexual desires;
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(B) Obtain sexual arousal or pleasure;
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(C) Elicit sexual responses or reactions;
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(D) Create
or
share
sexually
explicit
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content;
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(E) Engage in sexually explicit role play.
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(b) Except
under
circumstances
constituting
a
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violation of W.S. 6-2-318, a person is guilty of sexual
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communication with a minor if the person is not less than
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eighteen (18) years old or older and knowingly engages in a
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pattern of written, electronic or verbal communication:
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(i) With a person less than the age of eighteen
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(18) years, or a person purported to be less than the age
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of eighteen (18) years;
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(ii) Where the actor is more than four (4) years
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older than the victim;
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(iii) Where the communication includes obscene
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verbal or written descriptions or obscene images; and
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(iv) When the actor engages in the pattern of
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communication
for
the
purpose
of
personal
sexual
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gratification.
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(c) A person convicted under subsection (b) of this
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section shall be punished as follows:
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(i) A first offense is a felony punishable by
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imprisonment for not more than five (5) years and a fine of
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not less than one thousand dollars ($1,000.00) and not more
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than five thousand dollars ($5,000.00);
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(ii) A second offense is a felony punishable by
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imprisonment for not more than ten (10) years and a fine of
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not more than ten thousand dollars ($10,000.00);
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(iii) A third or subsequent offense is a felony
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punishable by imprisonment for not more than twenty (20)
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years and a fine of not more than twenty thousand dollars
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($20,000.00).
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(d) Persons convicted under this section may be
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prohibited from using social media during any period of
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incarceration, probation or parole.
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(e) Persons convicted under this section shall be
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subject
to
forfeiture
of
the
devices
they
used
to
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communicate with minors.
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(f) A victim shall have a cause of action against the
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actor in a court of competent jurisdiction for damages and
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any other relief the court deems reasonable.
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(g) This section shall not apply to any person who
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communicates or instructs about sexual matters in the
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course of a bona fide school, college or university
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activities or in the course of employment of such an
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organization.
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Section 2. W.S. 7-19-302(g) is amended to read:
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7-19-302. Registration
of
offenders;
procedure;
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verification; fees.
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(g) For an offender convicted of a violation of W.S.
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6-2-316(a)(i) and (iv), 6-2-321, 6-2-705, 6-4-303(b)(iv) or
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6-4-304(b) if the victim was a minor, 18 U.S.C. §§ 2252B,
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2252C, 2424 and 2425, an offense in another jurisdiction
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containing the same or similar elements, or arising out of
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the same or similar facts or circumstances as a criminal
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offense specified in this subsection or an attempt or
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conspiracy to commit any of the offenses specified in this
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subsection, the division shall annually verify the accuracy
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of the offender's registered address, and the offender
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shall annually report, in person, his current address to
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the sheriff in the county in which the offender resides,
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during the period in which he is required to register.
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During the annual in-person verification, the sheriff shall
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photograph the offender. Confirmation of the in-person
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verification required under this subsection, along with the
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photograph of the offender, shall be transmitted by the
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sheriff to the division within three (3) working days. Any
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person under this subsection who has not established a
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residence or is transient, and who is reporting to the
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sheriff as required under subsection (e) of this section,
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shall be deemed in compliance with the address verification
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requirements of this section.
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Section 3. This act is effective immediately upon
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completion of all acts necessary for a bill to become law
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as provided by Article 4, Section 8 of the Wyoming
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Constitution.
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(END)