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House Judiciary advances bill to criminalize pattern of obscene communications targeting minors

2160372 · January 29, 2025
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Summary

House Bill 189, which would create offenses for repeated obscene communications aimed at minors and add civil remedies and a close‑age exception, passed the House Judiciary Committee and moves to the floor after multiple committee amendments.

The House Judiciary Committee voted to advance House Bill 189 on Wednesday after adopting a package of committee amendments that refine definitions, add civil remedies and create a close‑age exception for certain consensual relationships.

Representative Jessica Lien, sponsor of HB189, told the committee the bill seeks to fill "a void within the Wyoming law where an individual may speak to a child in a sexual manner or send inappropriate pictures ... without being charged with a crime." She described the measure as targeting a pattern of communications meant for "personal sexual gratification" and said the bill sets a low threshold for a pattern (two communications) while remaining open to amendment.

Key provisions adopted in committee include: a definition of obscene material and a statutory offense for knowingly engaging in a pattern of written, electronic or verbal communications directed toward a person under 18 (or a person purported to be under 18) for sexual gratification; a civil cause of action allowing a minor or the minor’s guardian to seek damages; a close‑age exception that exempts consensual relationships when the accused is less than four years older than the minor (so long as communication did not involve coercion or manipulation); and a requirement that repeat offenders (third offense or more) be added to a registry provision in the bill as drafted. The sponsor said the bill includes exemptions for bona fide educational programs and for sexual education taught in schools.

Kara Chambers, director of the Division of Victim Services in the Attorney General’s Office, asked for a drafting clarification to add "purported minor" to the definition of obscene so that investigative stings and decoy operations would be covered; the committee adopted conforming language. Patricia McCoy, a parent and witness, urged passage: "This bill addresses a critical gap in our current legal framework," she said, describing grooming behavior that can precede physical abuse.

Law enforcement representatives spoke in favor of the bill as a way to address behavior that frequently falls outside existing statutes. Alan Thompson of the Wyoming Association of Sheriffs and Chiefs of Police and Sheriff Ken Blackburn of Big Horn County described enforcement considerations and urged careful drafting so investigators can pursue cases when impersonation or identity‑spoofing is involved. Thompson said the bill "helps fill that void not only with the obscene communication but also the request of images," and noted law enforcement would need to work with prosecutors and victim services on implementation.

Committee action: The sponsor moved, and the committee approved, a combined amendment package (amendments 1–4) that added civil remedies, a close‑age exception, clarified that criminal prosecutions are to be pursued by the state’s prosecuting authority, and protected a minor's ability to report without requiring parental consent. Committeemembers later adopted additional conforming edits (inserting "or purported minor" in several definitions) and clarified penalty language so fines and jail terms may be imposed "or both." The committee recorded nine ayes on the final motion to advance HB189; the sponsor will carry the bill to the floor.

Committee members indicated they intend to continue refining language on affirmative defenses, identity/impersonation issues and educational exemptions as the bill progresses. Several members who supported advancing the bill said they welcomed additional technical work with law enforcement and the Attorney General’s Office to reduce the risk of wrongful arrest while preserving tools for prosecutors and victims.