Harmful communication-minors.
HB0189 creates a new criminal offense for adults who knowingly engage in a pattern of written, electronic, or verbal communication with a minor, or a person believed to be a minor, when the communication contains obscene sexual content and is done for personal sexual gratification. The bill defines “obscene,” “pattern of communication,” and “personal sexual gratification” broadly to cover explicit sexual descriptions, requests for sexual images or discussions, sexualized body descriptions, attempts to normalize adult-minor sexual contact, and conduct intended to desensitize minors to sexual content.
The bill sets felony penalties that escalate with repeat offenses: up to five years for a first offense, up to ten years for a second, and up to twenty years for a third or subsequent offense, along with fines. It also authorizes social media restrictions during incarceration, probation, or parole, and requires forfeiture of devices used in the offense. In addition, it creates a private civil cause of action for the minor victim or the minor’s parent or guardian, independent of any criminal case, and includes exceptions for age-appropriate sex education, certain law-enforcement circumstances, and communications involving a spouse in an approved or lawful minor marriage or an emancipated minor.
HB0189 would add a new section to Wyoming criminal law and expand the state’s tools for addressing sexualized communications with minors. It would create a standalone felony offense, add related penalties and collateral consequences, and allow victims to sue for damages without waiting for or depending on a criminal conviction. The bill also makes conforming changes to Wyoming’s offender registration law by adding this offense to the list of crimes that trigger annual in-person address verification and photographing for certain registrants.
The bill appears to have been broadly supported in the House and in the Senate Judiciary Committee, where it received favorable recommendations, including a 9-0 committee vote in the House and a 5-0 committee vote in the Senate. The House passed it overwhelmingly on third reading, 59-1, suggesting strong bipartisan agreement on the general goal of protecting minors from predatory sexual communications. However, the bill later failed on Senate Committee of the Whole, 4-26, indicating substantial resistance at that stage despite earlier support.
The main points of contention likely center on how broadly the offense is defined and whether the bill could reach communications that are not clearly criminal grooming behavior. The definitions of “obscene,” “pattern of communication,” and “personal sexual gratification” are expansive, and the bill applies to communications with a “purported minor,” which may raise concerns about scope and proof. Additional sensitivity may come from the civil liability provision, the device forfeiture and social media restrictions, and the exceptions for sex education and certain marriage-related circumstances, which could draw differing views about enforcement, constitutional limits, and unintended consequences.