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(v) Repealed By Laws 2007, Ch. 159, § 3.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