§ 6-4-303 — Sexual exploitation of children; penalties; 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 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(D) Repealed by Laws 2005, ch. 70, § 2.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;
(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.
(c) The sexual exploitation of a child pursuant to
paragraphs (b)(i) through (iii) 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 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 (iv) 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.