Text of WY HB 194 (2025)
Obscenity amendments.
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As introduced
7,104 characters
2025
STATE OF WYOMING
25LSO-0470
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HB0194
HOUSE BILL NO. HB0194
Obscenity amendments.
Sponsored by: Representative(s) Lucas, Andrew, Angelos,
Bear,
Brady,
Brown,
G,
Campbell,
K,
Guggenmos, Heiner, Hoeft, Johnson, Lien,
Neiman,
Styvar,
Wasserburger,
Webb
and
Wharff and Senator(s) Hutchings, Laursen, D,
Pearson, Smith, D and Steinmetz
A BILL
for
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AN ACT relating to crimes and offenses; creating the crime
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of promoting obscenity to minors; amending the crime of
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promoting obscenity as specified; providing and amending
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definitions; repealing an exemption from the crime of
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promoting obscenity for activities conducted in the course
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of employment at a school, college, university, museum or
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public
library;
repealing
obsolete
provisions;
and
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providing for an effective date.
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Be It Enacted by the Legislature of the State of Wyoming:
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Section
1. W.S.
6-4-301(a)(i)
and
(ii)
and
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6-4-302(c)(i) and by creating new subsections (d) through
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(f) are amended to read:
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6-4-301. Definitions.
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(a) As used in this article:
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(i) "Disseminate" means to sell, distribute,
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deliver, provide, exhibit, import, export, rent, lend,
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transfer possession of or title to, provide, display, show,
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present, broadcast, transmit, retransmit, communicate by
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telephone, play, orally communicate, perform or otherwise
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make
available
to
another
whether
in
person
or
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electronically;
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(ii) "Material"
includes
any
form
of
human
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expression or communication intended for, or capable of,
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visual, auditory or sensory perception.; This includes,
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without limitation:
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(A) A book, leaflet, pamphlet, magazine,
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picture, drawing, photograph, film, negative, slide, motion
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picture,
figure,
object,
novelty,
device,
recording,
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transcription, live or recorded telephone message or any
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other similar item, whether tangible or intangible;
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(B) A performance, exhibition, transmission
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or distribution of any materials defined in subparagraph
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(A) of this paragraph;
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(C) A live performance or exhibition that
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depicts
nudity,
sexual
conduct,
sexual
excitement,
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sadomasochistic behavior or abuse, as those terms are
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defined in this subsection, whether to the public or an
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audience of one (1) or more persons.
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6-4-302. Promoting obscenity; penalties.
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(c) This section shall not apply to any person who
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may produce, reproduce, possess or disseminate obscene
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material:
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(i) In
the
course
of
law
enforcement
and
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judicial activities or in the course of medical or mental
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health care treatment;
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(d) A person commits the crime of promoting obscenity
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to a minor if he, knowing the character of the material
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involved, knowingly:
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(i) Disseminates, furnishes, presents, provides,
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makes available, gives, lends, shows or advertises to a
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minor material that is harmful to minors;
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(ii) Provides, invites or promotes an event to
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minors that includes material that is harmful to minors; or
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(iii) Transmits or sends to a person that the
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person believes is a minor by means of electronic mail,
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personal
messaging
or
any
other
direct
internet
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communication material that is harmful to minors when the
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person knows or believes at the time of transmission that a
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minor in this state will receive that material.
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(e) Promoting obscenity to a minor is a misdemeanor
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punishable by a fine not to exceed six thousand dollars
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($6,000.00) or by imprisonment for not to exceed one (1)
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year, or both.
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(f) For purposes of subsection (d) of this section:
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(i) "Harmful to minors" means that quality of
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any
description,
exhibition,
presentation
or
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representation,
in
whatever
form,
of
nudity,
sexual
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conduct, sexual excitement or sadomasochistic abuse, when
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the
material
or
performance
has
the
following
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characteristics:
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(A) The average person eighteen (18) years
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of age or older would find that the material or performance
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has a predominant tendency to appeal to a prurient interest
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in sex to minors;
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(B) The average person eighteen (18) years
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of age or older would find that the material or performance
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depicts
or
describes
nudity,
sexual
conduct,
sexual
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excitement or sadomasochistic abuse in a manner that is
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patently offensive to prevailing standards in the adult
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community with respect to what is suitable for minors; and
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(C) The
material
or
performance
lacks
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serious
literary,
scientific,
medical,
artistic
or
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political value for minors.
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(ii) "Nudity" means a:
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(A) Showing of the human male or female
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genitals, pubic area or buttocks with no covering or less
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than a fully opaque covering;
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(B) Showing of the female breast with no
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covering or less than a fully opaque covering of any
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portion of the female breast below the top of the nipple;
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or
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(C) Depiction of covered male genitals in a
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discernibly turgid state.
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(iii) "Sexual conduct" means:
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(A) Any
act
of
sexual
intercourse,
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masturbation, excretory functions, lewd exhibition of the
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genitals, sadomasochistic abuse or bestiality;
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(B) Any
other
physical
contact
with
a
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person's unclothed genitals, pubic area, buttocks or female
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breast, whether alone or between members of the same or
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opposite sex or between a human and an animal, in an act of
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sexual stimulation or attempting to sexually stimulate,
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gratification or perversion;
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(C) Any sexual or gender-oriented material
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that knowingly exposes minors to persons who are dressed in
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sexually revealing, exaggerated or provocative clothing or
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costumes,
or
are
stripping,
or
engaged
in
lewd
or
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lascivious
dancing
or
movements,
presentations
or
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activities in any place where minors are expected, invited
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or are known to be present.
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(iv) "Sexual
intercourse"
means
coitus
or
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copulation,
whether
genital-genital,
oral-genital,
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anal-genital or oral-anal, and whether between persons of
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the same or opposite sex or between a human and an animal.
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Section
2. W.S.
6-4-302(b)(ii)
and
(c)(ii)
is
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repealed.
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Section 3. This act is effective July 1, 2025.
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(END)