What is the Minimum Age of Consent in Wyoming?
The statutory age of consent in Wyoming is 18 years old; however, there are nuances to these laws and certain exceptions to the rule. For example, a person under 19 years of age cannot consent to having sex with a minor who is younger than 15 years old if the older individual is at least four years older than the minor. After the age of 18, an adult is legally able to consent to engage in sexual activity with a person of any age.
Those who violate this law will be charged with a third-degree felony if they are over 18 years old. On first offense , people guilty of this crime may face a fine of up to $10,000 and/or up to 10 years in prison. The penalty doubles for a second offense, at which point the guilty party has committed a second-degree felony. In the case of a third offense, the individual is guilty of a first-degree felony and could potentially spend the rest of their life in prison.
The History of Consent Laws in the State of Wyoming
The age of consent laws in Wyoming have roots that run deep into the early formation of the territory. The first territory-wide law regarding sexual activity was not enacted until 1869, when the Wyoming Territory adopted a version of the common law that covered crimes including sodomy.
Over the next several decades, additional laws were also enacted. At first, these laws generally only covered men engaging in sexual activity with women, and did not consider same sex relations. In 1890, with Wyoming becoming the 44th state in the Union, the Assembly of the state passed a law regarding sodomy that criminalized sex acts.
Not long after its inclusion in the Wyoming Revised Statutes, sexual conduct laws were amended to include same sex relations in the prohibited acts. The Wyoming state legislature amended the sexual conduct laws again in 1977 with the addition of new sex offender registration laws, but otherwise did not make any substantial changes until 2008.
In the fall of 2008, the Wyoming State Legislature passed a new statute regarding sexual conduct laws. Along with the new definition of what constitutes sexual conduct, the new statutes also included a provision for a Class 4 felony charge for sexual assault if the victim is 12 or 13 years old and the perpetrator is over the age of 18. All other ages involving sexual assault and criminal sexual activity with a minor were moved to their own statutes. These defining characteristics set new age of consent laws into motion in 2012, and have regulated sex crimes in the state of Wyoming ever since.
What Happens if You Break a State’s Age of Consent Law?
Those who engage in sexual activity – regardless of whether they can be found guilty of sexual assault – may still face legal action. In Wyoming, for example, there is a statute under which a person can be charged with sexual assault against a minor for having sexual intercourse or sexual intrusion against a minor, even if the person is not a registered and/or convicted sex offender. Someone who is charged with an age of consent sexual assault can plead self-defense, defense of another, or defense of property. The defense must be believable beyond a reasonable doubt to the jury; and you cannot have made a mistake about whether they were in fact of the legal age of consent.
State versus Federal Minimum Age of Consent Laws
While the age of consent is a state law issue, there are federal statutes that also address the topic. However, it is unique from state law. With the U.S. Congress giving all the power to determine offenses involving sexual exploitation of minors to states, each state can choose to independently establish the law. Federal statutes do have some overlap. Under 18 U.S.C. § 2243, there are specific age ranges that determine if a statutory rape occurred under federal law. If the accused is over 21 years of age and the victim under 16 , then the accused faces a minimum of 10 years in prison for violating the statute. If either party is a law enforcement officer, any punishment becomes life in prison. Jurisdictional issues can arise in statutory rape cases. If a University of Wyoming student has been accused of an offense occurring outside the state, Wyoming law enforcement could conduct the investigation. Do not assume that because the alleged offense was not committed in Wyoming that the case will be automatically dismissed.
Common Myths About the Age of Consent
Myth 1: There is no age of consent in Wyoming.
Truth: Though a more specific and clearer law would be ideal, the State of Wyoming does have an age of consent. This does not mean that there is no legal enforcement or protection to deter misconduct. Rather, it reflects a level of ambiguity in the law that is both frustrating and sometimes used as good sense justifies the fact. It is true, however, that parents, guardians, teachers, religious leaders, and others need to be aware of this gray area when addressing the sexual activity of their children when there is a significant age variance at play.
Myth 2: There is a definite age of consent, even if it is not immediately clear.
Truth: Again, while this may be true of some other places, in Wyoming the 2011Sex Offender Management Board clearly states that with regard to the age of consent, there is no statutory provision that makes sexual contact or sexual assault a crime only if it is committed against a particular age group. Only in the case of minors under 13 years of age is there a law that makes it a crime to commit sexual penetration, sexual contact, and indecent liberties with a minor.
Myth 3: Wyoming law protects individuals 18 and older from prosecution for sexual activity with someone below the age of consent.
Truth: While it is clearly forbidden in some other states, the laws in Wyoming do not present this issue. The sexual activity of an adult with a minor, defined as below the age of 18, will surely illicit charges that will involve the prosecution for Third Degree Sexual Offenses or even First Degree Sexual Offenses.
Myth 4: The age of consent is 16 in Wyoming.
Truth: This is one of those instances in which the apparent consensus of the community seems to rule the law, regardless of what is written. Most adults seem to feel that 16 is an appropriate age level that is fair and clear. This is not what the law says in the State of Wyoming, however, and though sexual activity at this age may be prohibited, the potential punishment that is associated with such activity will depend on the nature of the offense and the victim’s age.
Legal Assistance Resources in the State of Wyoming
For those seeking legal assistance or more in-depth explanations of the law, several resources exist in Wyoming. The Wyoming State Bar regulates attorneys in the state, and its website provides a form for the public to submit questions for its Lawyer Referral Service. In addition, the Wyoming Coalition Against Sexual Assault and Family Violence offers a 24/7 victim support hotline at 1-800-995-7273 and a comprehensive website containing tools and resources geared to prevent sexual assault and support victims.
Legal aid is an essential resource when income and resources are scarce . Laramie County Community Center is the designated agency for distributing funds for this purpose throughout Wyoming, with the sole proviso that those funds will be used for the general benefit of the poor. For those whose income level is between 125 and 200 percent of the federal poverty line, they may apply for Pro Bono services, which are provided through a panel of lawyers from around the state. The agency may also make grants to provide legal assistance in areas of critical need identified at the level of the state. Eligibility for legal aid will never be based what type of case is presented, whether for civil or criminal matters, nor upon whether the court will appoint an attorney or fund the case.