Consent Laws
Wyoming
Last Updated: April 2023
Defining Consent | Answer |
How is consent defined? |
Consent is not defined by statute. However, case law suggests that in order for a person to consent to sexual intercourse, the person must be in a position to exercise independent judgment about the matter. Wilson v. State, 655 P.2d 1246 (Wyo. 1982). |
Does the definition require "freely given consent" or "affirmative consent"? |
No. |
Capacity to Consent | Answer |
At what age is a person able to consent? |
17 years old. Wyo. Stat. Ann. § 6-2-316. |
Does difference in age between the victim and actor impact the victim's ability to consent? |
Depending on the age difference between the victim and actor, the actor may be guilty of sexual abuse of a minor in varying degrees:
If criminality of conduct depends on a victim being under 16 years of age, it is an affirmative defense that the actor reasonably believed that the victim was 16 years of age or older. However, if the criminality of conduct depends on a victim being under 12 years of age or under 14 years old, it is no defense that the actor did not know the victim's age, or that he reasonably believed that the victim was 12 years or 14 years of age or older. Wyo. Stat. Ann. § 6-2-308. |
Does elderly age impact the victim’s ability to consent? |
No. |
Does developmental disability and/or mental incapacity impact the victim’s ability to consent? |
Yes, any actor who inflicts sexual intrusion on a victim commits a sexual assault in the first degree if the actor knows or reasonably should know that the victim through a mental illness, mental deficiency or developmental disability is incapable of appraising the nature of the victim's conduct. Wyo. Stat. Ann. § 6-2-302. |
Does physical disability, incapacity or helplessness impact the victim’s ability to consent? |
Yes, any actor who inflicts sexual intrusion on a victim commits a sexual assault in the first degree if the victim is physically helpless, and the actor knows or reasonably should know that the victim is physically helpless and that the victim has not consented. Wyo. Stat. Ann. § 6-2-302. “Physically helpless” means unconscious, asleep or otherwise physically unable to communicate unwillingness to act. Wyo. Stat. Ann. § 6-2-301. |
Does consciousness impact the victim’s ability to consent? |
Yes, a person who is unconscious is deemed to be “physically helpless” and not capable of consenting. Wyo. Stat. Ann. § 6-2-302; Wyo. Stat. Ann. § 6-2-301. |
Does intoxication impact the victim’s ability to consent? |
Yes, if the intoxication makes the victim “physically helpless” or have a mental illness, mental deficiency or developmental disability that makes them incapable of appraising the nature of their conduct. Wyo. Stat. Ann. § 6-2-301; Wyo. Stat. Ann. § 6-2-302. CSC v. State of Wyoming, 118 P.3d 970 (Wyo. 2005). Any actor who inflicts sexual intrusion on a victim commits a sexual assault in the second degree if 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. Wyo. Stat. Ann. § 6-2-303. |
Does the relationship between the victim and actor impact the victim’s ability to consent? |
Yes, there are special rules for persons deemed to be in a “position of authority” over the victim that will impact the victim’s ability to consent. “Position of authority” means that position occupied by a parent, guardian, relative, household member, teacher, employer, custodian, health care provider or any other person who, by reason of his position, is able to exercise significant influence over a person. Wyo. Stat. Ann. § 6-2-301. A person commits a sexual assault in the second degree if:
Wyo. Stat. Ann. § 6-2-303. Depending on the age difference between the victim and actor, an actor in a position of authority over a victim may be guilty of sexual abuse of a minor in varying degrees:
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Defenses | Answer |
Is consent a defense to sex crimes? |
Yes, provided that:
Consent of the victim is not a defense to sexual assault in the second degree where 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. Wyo. Stat. Ann. § 6-2-307. Consent is not a defense to sexual assault in the third degree. Wyo. Stat. Ann. § 6-2-307. |
Is voluntary intoxication a defense to sex crimes? |
Not specified. |