Wyoming Statutes

Wyo. Stat. § 6-2-303 (2026)

Sexual assault in the second degree.

✓ current as of May 2026

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(a) Any actor who inflicts sexual intrusion on a victim
commits sexual assault in the second degree if, under
circumstances not constituting sexual assault in the first
degree:

          (i) The actor causes submission of the victim by
threatening to retaliate in the future against the victim or the
victim's spouse, parents, brothers, sisters or children, and the
victim reasonably believes the actor will execute this threat.
"To retaliate" includes threats of kidnapping, death, serious
bodily injury or extreme physical pain;

          (ii) The actor causes submission of the victim by any
means that would prevent resistance by a victim of ordinary
resolution;

          (iii) The actor administers, or knows that someone
else administered to the victim, without the prior knowledge or
consent of the victim, any substance which substantially impairs
the victim's power to appraise or control his conduct;

          (iv) The actor knows or should reasonably know that
the victim submits erroneously believing the actor to be the
victim's spouse;

          (v)   Repealed By Laws 2007, Ch. 159, § 3.

           (vi) The actor is in a position of authority over the
victim and uses this position of authority to cause the victim
to submit;

          (vii) The actor is an employee, independent
contractor or volunteer of a state, county, city or town, or
privately operated adult or juvenile correctional system,
including but not limited to jails, penal institutions,
detention centers, juvenile residential or rehabilitative
facilities, adult community correctional facilities or secure
treatment facilities and the victim is known or should be known
by the actor to be a resident of such facility or under
supervision of the correctional system;

          (viii)   Repealed by Laws 2018, ch. 80, § 3.
          (ix) The actor is an employee or volunteer of an
elementary or secondary public or private school who, by virtue
of the actor's employment or volunteer relationship with the
school, has interaction with the victim who is a student or
participant in the activities of the school and is more than
four (4) years older than the victim.

     (b) A person is guilty of sexual assault in the second
degree if he subjects another person to:

           (i) Sexual contact or sexual intrusion in the
person's capacity as a health care provider in the course of
providing care, treatment, services or procedures to maintain,
diagnose or otherwise treat a patient's physical or mental
condition;

          (ii) Sexual contact and causes serious bodily injury
to the victim under any of the circumstances listed in W.S.
6-2-302(a)(i) through (iv) or paragraphs (a)(i) through (vii)
and (ix) of this section.

     (c)   Repealed By Laws 1997, ch. 135, § 2.

Notes of Decisions

Cited in 90 cases (5 in the last 5 years), 1984–2026 · leading case: Giles v. State, 2004 WY 101 (Wyo. 2004).

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Giles v. State, 2004 WY 101 (Wyo. 2004). · cites it 28× “Wyo. Stat. Ann. § 6-2-302 (a)(iii). 4. First-degree if the victim is mentally helpless.”

Derksen v. State, 845 P.2d 1383 (Wyo. 1993). · cites it 30× “The elements of the crime of sexual assault in the second degree, Wyo.Stat. § 6-2-303 (1988), require: (1) an actor (2) who inflicts (3) sexual intrusion (4) on a victim (5) less than twelve years of age (6) while the actor is more than four years older.”

Scadden v. State, 732 P.2d 1036 (Wyo. 1987). · cites it 8× “Unconstitutionality of the statute: Section 6-2-303(a)(vi) violates Art. 1, § 6 of the Wyoming Constitution, and the Fourteenth Amendment to the United States Constitution.”

Betzle v. State, 847 P.2d 1010 (Wyo. 1993). · cites it 8× “Subsequently, an information was filed in the district court in which Betzle was charged with two counts of sexual assault in the second degree in violation of Wyo.Stat. §§ 6-2-303(a)(v) and 6-2-306(a)(ii), (b), (c)(i) (1988); [1] two counts of sexual assault in the third degree…”

Harnetty v. State, 435 P.3d 368 (Wyo. 2019). · cites it 6× “2 The State charged the second-degree sexual assaults under Wyo. Stat. Ann. § 6-2-303 (a)(vi) (LexisNexis 2013), the "position of authority" subsection: (a) Any actor who inflicts sexual intrusion on a victim commits sexual assault in the second degree if, under circumstances…”

Faubion v. State, 2010 WY 79 (Wyo. 2010). · cites it 7× “" Wyo. Stat. Ann. § 6-2-303 (a)(vi) (LexisNexis 2009).”

Sheesley v. State, 437 P.3d 830 (Wyo. 2019). · cites it 4× “Sheesley with two counts of sexual assault in the second degree and one count of sexual assault in the third degree under Wyo. Stat. Ann. §§ 6-2-303 (a)(vii) and 6-2-304(a)(iii) (LexisNexis 2015), which prohibit sexual contact between employees and residents of correctional…”

Najera v. State, 2009 WY 105 (Wyo. 2009). · cites it 8× “[1] The twelve counts included: two counts of second-degree sexual assault (counts I and IV) in violation of Wyo. Stat. Ann. § 6-2-303 (a)(vi) (LexisNexis 2005); one count of third-degree sexual assault (count II) in violation of Wyo.”

Jaime Solis v. The State of Wyoming, 2013 WY 152 (Wyo. 2013). · cites it 6× “DISCUSSION Issue # 1: Whether or not there was sufficient evidence to support a jury finding of "position of authority" as required for conviction under Wyo. Stat. Ann. § 6-2-303 (a)(vi). Standard of Review [125] Appellant challenges whether or not he occupied a "position of…”

Bueno-Hernandez v. State, 724 P.2d 1132 (Wyo. 1986). · cites it 8× “More specifically, appellant argued that because the information did not allege actual sexual intrusion, an element of second-degree sexual assault under § 6-2-303(a), he properly should have been charged with fourth-degree sexual assault under § 6-2-305 which requires only…”

Brown v. State, 817 P.2d 429 (Wyo. 1991). · cites it 7× “in violation of § 6-2-303(a)(v), W.S.1977); Counts II and III charged the taking of indecent liberties with C.”

Tony Scott Cercy v. The State of Wyoming, 2019 WY 131 (Wyo. 2019). · cites it 6× “Wyo. Stat. Ann. § 6-2-302 (a), Wyo. Stat.”

Show all 90 citing cases →

— Wyo. Stat. § 6-2-303(a) — 8 cases

Zanetti v. State, 783 P.2d 134 (Wyo. 1989).

Bueno-Hernandez v. State, 724 P.2d 1132 (Wyo. 1986). “More specifically, appellant argued that because the information did not allege actual sexual intrusion, an element of second-degree sexual assault under § 6-2-303(a), he properly should have been charged with fourth-degree sexual assault under § 6-2-305 which requires only…”

Curl v. State, 898 P.2d 369 (Wyo. 1995).

Harris v. State, 933 P.2d 1114 (Wyo. 1997).

Owen v. State, 902 P.2d 190 (Wyo. 1995).

— Wyo. Stat. § 6-2-303(a)(ii) — 3 cases

Dodge v. State, 951 P.2d 383 (Wyo. 1997).

Kelvin Wayne Williams v. State, 2015 WY 100 (Wyo. 2015).

Mark Shannon Wood v. The State of Wyoming, 2022 WY 19 (Wyo. 2022).

— Wyo. Stat. § 6-2-303(a)(v) — 25 cases

Derksen v. State, 845 P.2d 1383 (Wyo. 1993). “The elements of the crime of sexual assault in the second degree, Wyo.Stat. § 6-2-303 (1988), require: (1) an actor (2) who inflicts (3) sexual intrusion (4) on a victim (5) less than twelve years of age (6) while the actor is more than four years older.”

Betzle v. State, 847 P.2d 1010 (Wyo. 1993). “Subsequently, an information was filed in the district court in which Betzle was charged with two counts of sexual assault in the second degree in violation of Wyo.Stat. §§ 6-2-303(a)(v) and 6-2-306(a)(ii), (b), (c)(i) (1988); [1] two counts of sexual assault in the third degree…”

Baum v. State, 745 P.2d 877 (Wyo. 1987).

Goss v. Goss, 780 P.2d 306 (Wyo. 1989).

— Wyo. Stat. § 6-2-303(a)(vi) — 8 cases

Scadden v. State, 732 P.2d 1036 (Wyo. 1987). “Unconstitutionality of the statute: Section 6-2-303(a)(vi) violates Art. 1, § 6 of the Wyoming Constitution, and the Fourteenth Amendment to the United States Constitution.”

Brown v. State, 817 P.2d 429 (Wyo. 1991). “in violation of § 6-2-303(a)(v), W.S.1977); Counts II and III charged the taking of indecent liberties with C.”

Faubion v. State, 2010 WY 79 (Wyo. 2010). “" Wyo. Stat. Ann. § 6-2-303 (a)(vi) (LexisNexis 2009).”

Billingsley v. State, 2003 WY 61 (Wyo. 2003).

BALDES v. State, 2012 WY 67 (Wyo. 2012).

— Wyo. Stat. § 6-2-303(a)(vii) — 4 cases

Shantell Ann Wyant v. The State of Wyoming, 2020 WY 15 (Wyo. 2020).

State v. Coleman, 684 S.E.2d 513 (N.C. Ct. App. 2009).

Christopher James Yager v. State, 2015 WY 139 (Wyo. 2015).

Roger Keith Black v. The State of Wyoming, 2020 WY 34 (Wyo. 2020).

— Wyo. Stat. § 6-2-303(a)(vit) — 1 case

Christopher James Yager v. State, 2015 WY 139 (Wyo. 2015).

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