FELONY INDECENT EXPOSURE STATUTE
THE PROBLEM
Wyoming does not have a felony indecent exposure offense to target pedophiles who expose themself to children for sexual gratification.
THE SOLUTION
Pass the following or similar legislation:
6-4-202. Public indecency; exception; penalties.
(a) A person is guilty of public indecency if, while in a public place where he may reasonably be expected to be viewed by others, he:
(i) Exposes his intimate parts, as defined by W.S. 6-2-301(a)(ii), in the presence of a juvenile fourteen (14) years or younger with the intent of arousing the sexual desire of himself or another person; or
(b) Public indecency is a felony punishable by imprisonment for not more than ten (10) years, a fine of not more thanten thousand dollars ($10,000.00), or both.
ANALYSIS
The following is the current Wyoming public indecency statute:
6-4-201. Public indecency; exception; penalties.
(a) A person is guilty of public indecency if, while in a public place where he may reasonably be expected to be viewed by others, he:
(i) Performs an act of sexual intrusion, as defined by W.S. 6-2-301(a)(vii); or
(ii) Exposes his intimate parts, as defined by W.S. 6-2-301(a)(ii), with the intent of arousing the sexual desire of himself or another person; or
(iii) Engages in sexual contact, as defined by W.S. 6-2-301(a)(vi), with or without consent, with the intent of arousing the sexual desire of himself or another person.
(b) The act of breastfeeding an infant child, including breastfeeding in any place where the woman may legally be, does not constitute public indecency.
(c) Public indecency is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
There is currently a pedophile and registered sex offender in Wyoming who has a history of going into the children’s toys section of a big box store and intentionally exposing his genitals. His intent is to achieve sexual arousal by allowing children to see him.
Currently, the State of Wyoming only has a misdemeanor offense to hold an individual accountable for this kind of behavior. In addition, this offense does not qualify the actor to become a registered sex offender.
This kind of behavior is obviously a huge concern and should be a huge red flag. A felony offense would allow officials
State’s around the country handle this offense very differently. In some jurisdictions, it is a misdemeanor offense and becomes a felony upon a second conviction. In other jurdisctions there is not felony offense or it only becomes a felony if the act occurs in the presence of a juvenile.