HB0194

Creates a new crime of promoting obscenity to minors, amends the definition of obscenity-related terms, and repeals an exemption for school, college, university, museum, and public library employees.

• Expands the definition of 'disseminate' to include a comprehensive list of methods for making material available to others, both in person and electronically. (W.S. 6-4-301(a)(i))
• Expands the definition of 'material' to explicitly include live performances and exhibitions depicting nudity, sexual conduct, sexual excitement, or sadomasochistic behavior. (W.S. 6-4-301(a)(ii))
• Creates the crime of promoting obscenity to a minor, which occurs when a person knowingly disseminates, furnishes, presents, or provides to a minor material that is harmful to minors, or knowingly provides, invites, or promotes events to minors that include such material. (W.S. 6-4-302(d)(i) and (ii))
• Establishes liability for transmitting or sending material harmful to minors via electronic mail, personal messaging, or direct internet communication when the person knows or believes a minor in Wyoming will receive it. (W.S. 6-4-302(d)(iii))
• Sets the penalty for promoting obscenity to a minor as a misdemeanor punishable by a fine not exceeding six thousand dollars, imprisonment not exceeding one year, or both. (W.S. 6-4-302(e))
• Defines 'harmful to minors' as material with a predominant prurient appeal to minors, patently offensive depictions of sexual content compared to prevailing adult community standards, and lacking serious literary, scientific, medical, artistic, or political value for minors. (W.S. 6-4-302(f)(i))
• Defines 'nudity' to include exposure of genitals, pubic area, or buttocks with insufficient covering, exposure of female breast below the nipple with insufficient covering, and depiction of covered male genitals in a discernibly turgid state. (W.S. 6-4-302(f)(ii))
• Defines 'sexual conduct' to include sexual intercourse, masturbation, excretory functions, lewd exhibition of genitals, sadomasochistic abuse, bestiality, and other physical contact with genitals or breasts for sexual stimulation.