Wyoming Statutes
Wyo. Stat. § 6-4-303 (2026)
Sexual exploitation of children; penalties;
✓ current as of May 2026
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definitions.
(a) As used in this section:
(i) "Child" means a person under the age of eighteen
(18) years;
(ii) "Child pornography" means any visual depiction,
including any photograph, film, video, picture, computer or
computer-generated image, film, video or picture, whether or not
made or produced by electronic, mechanical or other means, of
explicit sexual conduct, where:
(A) The production of the visual depiction
involves the use of a child engaging in explicit sexual conduct;
(B) The visual depiction is of explicit sexual
conduct involving a child or an individual virtually
indistinguishable from a child; or
(C) The visual depiction has been created,
adapted or modified to depict explicit sexual conduct involving
a child or an individual virtually indistinguishable from a
child.
(D) Repealed by Laws 2005, ch. 70, § 2.
(iii) "Explicit sexual conduct" means actual or
simulated sexual intercourse, including genital-genital, oral-
genital, anal-genital or oral-anal, between persons of the same
or opposite sex, bestiality, masturbation, sadistic or
masochistic abuse or lascivious exhibition of the genitals or
pubic area of any person or the chest or breasts of a female
person;
(iv) "Visual depiction" means developed and
undeveloped film and videotape, and data stored on computer disk
or by electronic means which is capable of conversion into a
visual image.
(b) A person is guilty of sexual exploitation of a child
if, for any purpose, he knowingly:
(i) Causes, induces, entices, coerces or permits a
child to engage in, or be used for, the making of child
pornography;
(ii) Causes, induces, entices or coerces a child to
engage in, or be used for, any explicit sexual conduct;
(iii) Manufactures, generates, creates, receives,
distributes, reproduces, delivers or possesses with the intent
to deliver, including through digital or electronic means,
whether or not by computer, any child pornography;
(iv) Possesses child pornography, except that this
paragraph shall not apply to:
(A) Peace officers, court personnel or district
attorneys engaged in the lawful performance of their official
duties;
(B) Physicians, psychologists, therapists or
social workers, provided such persons are duly licensed in
Wyoming and the persons possess such materials in the course of
a bona fide treatment or evaluation program at the treatment or
evaluation site; or
(C) Counsel for a person charged under this
section.
(v) Uses an artificial intelligence system to
generate or create child pornography;
(vi) Possesses child pornography that the person
knows was generated by an artificial intelligence system.
(c) The sexual exploitation of a child pursuant to
paragraphs (b)(i) through (iii) and (v) of this section is a
felony punishable by imprisonment for not less than five (5)
years nor more than twelve (12) years, a fine of not more than
ten thousand dollars ($10,000.00), or both.
(d) The sexual exploitation of a child by possession of
sexually exploitive material pursuant to paragraph (b)(iv) of
this section or by possession of child pornography generated by
an artificial intelligence system under paragraph (b)(vi) of
this section is a felony punishable by imprisonment for not more
than ten (10) years, a fine of not more than ten thousand
dollars ($10,000.00), or both.
(e) A second or subsequent conviction pursuant to
paragraphs (b)(i) through (vi) of this section, or of a
substantially similar law of any other jurisdiction, is a felony
punishable by imprisonment for not less than seven (7) years nor
more than twelve (12) years, a fine of not more than ten
thousand dollars ($10,000.00), or both.
(f) Any person who is convicted of an offense under this
section shall forfeit to the state the person's interest in:
(i) Any visual depiction of a child engaging in
explicit sexual conduct in violation of this section, or any
book, magazine, periodical, film, videotape or other matter
which contains any such visual depiction, which was produced,
transported, mailed, shipped, possessed or received in violation
of this section;
(ii) Any property, real or personal, constituting or
traceable to gross proceeds obtained from such offense;
(iii) Any property, real or personal, used or
intended to be used to commit or to promote the commission of
such offense.Notes of Decisions
Cited in 42
cases (10 in the last 5 years), 1979–2026 · leading case: Samuel Joseph Barrett v. The State of Wyoming, 2022 WY 64 (Wyo. 2022).
Samuel Joseph Barrett v. The State of Wyoming, 2022 WY 64 (Wyo. 2022). “Barrett challenges the sufficiency of the evidence to support his convictions for sexual exploitation of a child under Wyo. Stat. Ann. § 6-4-303 (b)(i) and (iv) (LexisNexis 2021).”
Rutti v. State, 2004 WY 133 (Wyo. 2004). “Wyo. Stat. Ann. § 6-4-303 (c) (Lexis-Nexis 2003).”
Wilson v. State, 655 P.2d 1246 (Wyo. 1982). “[1] Appellant in this appeal was found guilty by a jury of sexual assault in the second degree in violation of § 6-4-303, W.S. 1977, aiding and abetting first degree forcible sexual assault in violation of §§ 6-1-114 and 6-4-302(a)(i), W.”
Ketcham v. State, 618 P.2d 1356 (Wyo. 1980). “Section 6-4-303(a)(v), supra, defining second-degree sexual assault, encompasses "statutory rape" when the victim is under twelve years of age.”
Story v. State, 721 P.2d 1020 (Wyo. 1986). “" He was charged with forcible rape of EM, GJ, and AD, contrary to § 6-4-303(a)(vii), W.S. 1977, which provided: "(a) Any actor who inflicts sexual penetration or sexual intrusion on a victim commits sexual assault in the second degree if, under circumstances not constituted…”
Seeley v. State, 715 P.2d 232 (Wyo. 1986). “1977, provided as follows: "(a) Any actor who inflicts sexual penetration or sexual intrusion on a victim commits a sexual assault in the first degree if: "(i) The actor causes submission of the victim through the actual application, reasonably calculated to cause submission of…”
Matthew Scott Iverson v. The State of Wyoming, 2025 WY 19 (Wyo. 2025). “Count I alleged that Iverson “knowingly reproduce[d] child pornography” in violation of Wyo. Stat. Ann. § 6-4-303 (b)(iii). The remaining possession charges corresponded to the four electronic devices: the USB drive, the Onn tablet, the HP laptop, and the HP Mini 110.”
Miami Cnty. Bd. of Commissioners v. Kanza Rail-Trails Conservancy, Inc., 255 P.3d 1186 (Kan. 2011). “In one state, Wyoming, the legislature included an explicit exception in its statute forbidding possession of child pornography for peace officers, court personnel, and district attorneys "engaged in the lawful performance of their official duties.”
Sears v. State, 632 P.2d 946 (Wyo. 1981). “" Section 6-4-303(a), W.S. 1977, reads as follows: "(a) Any actor who inflicts sexual penetration or sexual intrusion on a victim commits sexual assault in the second degree if, under circumstances not constituted sexual assault in the first degree: "(i) The actor causes…”
LP v. Natrona Cnty. Dep't of Pub. Assistance & Soc. Servs., 679 P.2d 976 (Wyo. 1984). “3(a)(i) through (vii) [§ 6-4-303(a)(i) to (vii) ] under circumstances not constituting sexual assault in either the first or second degree commits sexual assault in the third degree.”
Large v. State, 2008 WY 22 (Wyo. 2008). “” Wyo. Stat. Ann. § 6-4-303 (b) (LexisNexis 2005): “A person is guilty of sexual exploitation of a child if, for any purpose, he knowingly: .”
Kamp v. Kamp, 640 P.2d 48 (Wyo. 1982). “) Section 6-4-303(a)(v), W.S. 1977. "An actor who is at least four (4) years older than the victim and who inflicts sexual penetration or sexual intrusion on a victim under the age of sixteen (16) years is guilty of [the crime of] sexual assault in the fourth degree.”
— Wyo. Stat. § 6-4-303(a) — 4 cases
Sears v. State, 632 P.2d 946 (Wyo. 1981). “" Section 6-4-303(a), W.S. 1977, reads as follows: "(a) Any actor who inflicts sexual penetration or sexual intrusion on a victim commits sexual assault in the second degree if, under circumstances not constituted sexual assault in the first degree: "(i) The actor causes…”
Wilson v. State, 655 P.2d 1246 (Wyo. 1982). “[1] Appellant in this appeal was found guilty by a jury of sexual assault in the second degree in violation of § 6-4-303, W.S. 1977, aiding and abetting first degree forcible sexual assault in violation of §§ 6-1-114 and 6-4-302(a)(i), W.”
Ceja v. State, 2009 WY 71 (Wyo. 2009).
Woyak v. State, 2010 WY 27 (Wyo. 2010).
— Wyo. Stat. § 6-4-303(a)(i) — 4 cases
Seeley v. State, 715 P.2d 232 (Wyo. 1986). “1977, provided as follows: "(a) Any actor who inflicts sexual penetration or sexual intrusion on a victim commits a sexual assault in the first degree if: "(i) The actor causes submission of the victim through the actual application, reasonably calculated to cause submission of…”
LP v. Natrona Cnty. Dep't of Pub. Assistance & Soc. Servs., 679 P.2d 976 (Wyo. 1984). “3(a)(i) through (vii) [§ 6-4-303(a)(i) to (vii) ] under circumstances not constituting sexual assault in either the first or second degree commits sexual assault in the third degree.”
Warren v. State, 835 P.2d 304 (Wyo. 1992).
Sears v. State, 632 P.2d 946 (Wyo. 1981). “" Section 6-4-303(a), W.S. 1977, reads as follows: "(a) Any actor who inflicts sexual penetration or sexual intrusion on a victim commits sexual assault in the second degree if, under circumstances not constituted sexual assault in the first degree: "(i) The actor causes…”
— Wyo. Stat. § 6-4-303(a)(ii) — 2 cases
Wilson v. State, 655 P.2d 1246 (Wyo. 1982). “[1] Appellant in this appeal was found guilty by a jury of sexual assault in the second degree in violation of § 6-4-303, W.S. 1977, aiding and abetting first degree forcible sexual assault in violation of §§ 6-1-114 and 6-4-302(a)(i), W.”
Connolly v. State, 610 P.2d 1008 (Wyo. 1980).
— Wyo. Stat. § 6-4-303(a)(iii) — 1 case
Woyak v. State, 2010 WY 27 (Wyo. 2010).
— Wyo. Stat. § 6-4-303(a)(iv) — 1 case
Weddle v. State, 621 P.2d 231 (Wyo. 1980).
— Wyo. Stat. § 6-4-303(a)(v) — 6 cases
Ketcham v. State, 618 P.2d 1356 (Wyo. 1980). “Section 6-4-303(a)(v), supra, defining second-degree sexual assault, encompasses "statutory rape" when the victim is under twelve years of age.”
Kamp v. Kamp, 640 P.2d 48 (Wyo. 1982). “) Section 6-4-303(a)(v), W.S. 1977. "An actor who is at least four (4) years older than the victim and who inflicts sexual penetration or sexual intrusion on a victim under the age of sixteen (16) years is guilty of [the crime of] sexual assault in the fourth degree.”
Elliott v. State, 600 P.2d 1044 (Wyo. 1979).
LP v. Natrona Cnty. Dep't of Pub. Assistance & Soc. Servs., 679 P.2d 976 (Wyo. 1984). “3(a)(i) through (vii) [§ 6-4-303(a)(i) to (vii) ] under circumstances not constituting sexual assault in either the first or second degree commits sexual assault in the third degree.”
Young v. State, 678 P.2d 880 (Wyo. 1984).
— Wyo. Stat. § 6-4-303(a)(vii) — 2 cases
Story v. State, 721 P.2d 1020 (Wyo. 1986). “" He was charged with forcible rape of EM, GJ, and AD, contrary to § 6-4-303(a)(vii), W.S. 1977, which provided: "(a) Any actor who inflicts sexual penetration or sexual intrusion on a victim commits sexual assault in the second degree if, under circumstances not constituted…”
State v. Dist. Court of the Second Jud. Dist., 715 P.2d 191 (Wyo. 1986).
— Wyo. Stat. § 6-4-303(b)(G) — 1 case
State, Off. of the Attorney Gen., Div. of Crim. Investigation v. Thomason, 2008 WY 143 (Wyo. 2008).
— Wyo. Stat. § 6-4-303(b)(ii) — 1 case
Woyak v. State, 2010 WY 27 (Wyo. 2010).
— Wyo. Stat. § 6-4-303(b)(iii) — 2 cases
Rutti v. State, 2004 WY 133 (Wyo. 2004). “Wyo. Stat. Ann. § 6-4-303 (c) (Lexis-Nexis 2003).”
Rick Allen Bennefield v. The State of Wyoming, 2020 WY 108 (Wyo. 2020).
— Wyo. Stat. § 6-4-303(b)(iv)(A) — 1 case
Miami Cnty. Bd. of Commissioners v. Kanza Rail-Trails Conservancy, Inc., 255 P.3d 1186 (Kan. 2011). “In one state, Wyoming, the legislature included an explicit exception in its statute forbidding possession of child pornography for peace officers, court personnel, and district attorneys "engaged in the lawful performance of their official duties.”
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