HB0009

Establishes the criminal offense of grooming of a minor for a sexual offense, specifies penalties, and requires sex offender registration and treatment.

• Creates the crime of grooming of a minor for a sexual offense, defined as behavior seeking to prepare, induce, or persuade a minor to engage in sexual conduct or exploitation through manipulation, trust-building, influence, or online/in-person activities. (W.S. 6-2-321(a)(ii), W.S. 6-2-321(b))
• Establishes that grooming applies when a person is at least 17 years old and at least 4 years older than the minor, and purposely or knowingly engages in grooming aimed at manipulating the minor into sexual conduct, coercing or enticing a minor under 16 to meet for sexual conduct, distributing sexually explicit material, or exploiting a position of authority. (W.S. 6-2-321(b)(i), W.S. 6-2-321(b)(ii))
• Defines sexual conduct to include actual or simulated sexual intercourse, penetration, bestiality, masturbation, sadomasochistic abuse, lewd exhibition of genitals or intimate areas, and depiction or observation of a child in nude or partially undressed state for abuse, humiliation, harassment, or sexual gratification. (W.S. 6-2-321(a)(iii))
• Sets base penalty for grooming of a minor for a sexual offense at a felony punishable by imprisonment up to 10 years, a fine up to $10,000, or both. (W.S. 6-2-321(c))
• Increases penalty to a felony punishable by 4 years to life imprisonment and up to $10,000 fine when the victim is under 16 years of age. (W.S. 6-2-321(d))
• Increases penalty to a felony punishable by at least 25 years imprisonment and up to $50,000 fine when a person 18 or older commits grooming against a minor under 12 years of age. (W.S. 6-2-321(e))
• Requires persons convicted of grooming to complete a sexual offender treatment program approved by the department of corrections and be subject to probation for up to 10 years. (W.S. 6-2-321(f))
• Excludes grooming of a minor for a sexual offense from crimes eligible for deferred prosecution without entering a judgment of conviction. (W.S. 7-13-301(a), Sec. 2)