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New Wyo. laws affecting penalties, enforcement of crimes

One of the notable changes redefines what the state considers to be a “bodily injury” or a “serious bodily injury”

By Trevor Brown
Wyoming Tribune-Eagle

CHEYENNE — Dozens of new laws affecting crime, business, transportation and other state matters are now in effect.

Tuesday, which was the first day of the state’s fiscal year, marked the start date for more than 70 bills that were passed during the 2014 legislative session.

These include several laws that increase penalties or change the enforcement for certain crimes.

One of the notable changes redefines what the state considers to be a “bodily injury” or a “serious bodily injury.”

The difference between the two is important because it can affect how long an offender can be imprisoned.

Crimes resulting in a bodily injury can carry misdemeanor charges that are punishable by up to a year in jail.

But crimes resulting in serious bodily injury can lead to more serious felony charges that are punishable by a year or more in prison.

Law enforcement groups and prosecutors have complained that the old definitions were ambiguous. They say that in some cases this prevented them from securing felony convictions when they thought the crimes had risen to that level.

Under the new definitions, bodily injuries include cuts, abrasions, burns, temporary disfigurement, physical pain or the impairment of the function of a bodily member, organ or mental faculty

The crime would rise to the felony status if it creates a substantial risk of death or causes severe protracted physical pain, severe disfigurement or a protracted loss or impairment of bodily functions.

Other serious bodily injuries include: unconsciousness; burns of the 2nd or 3rd degree over a significant portion of the body; and a significant break of a bone or a concussion resulting in protracted loss or impairment of the function of a bodily member, organ or mental faculty.

Suzan Campbell is public policy director for the Wyoming Coalition against Violence and Sexual Assault. She told lawmakers earlier that this is particularly a concern in domestic abuse cases.

“One of the big ones we face a lot is that victims are strangled, and that strangulation causes unconsciousness or sometimes causes comas,” she said. “That is not considered serious bodily injury, but it would be (now).”

Another criminal justice change is the creation of an offense for computer trespass. This would make it a crime when someone without authorization alters, damages or causes the malfunction of a computer, system or network.

The new law creates a civil action for this as well.

Also, it is now a felony for someone to unlawfully enter another’s residence with the intent to commit battery or domestic battery.

“The idea is your home is your castle,” House Judiciary Chairman Rep. Keith Gingery, R-Jackson, said during debate on this bill.

“There is a big distinction between someone committing a battery against you in a public setting as opposed to invading your home and committing battery.”

Other notable bills that took effect Tuesday were:

-House Bill 12: Lets the Wyoming Department of Transportation set the speed limit at 80 mph on certain parts of the highway system.

-House Bill 32: Raises the annual snowmobile registration fee from $25 to $35 for private users and $75 to $105 for commercial operators.

-Senate Bill 55: Increases Hathaway Scholarship awards by 5 percent.

-House Bill 14: Repeals filing fees for statements of change of registered agent or registered office, increases fees for certificates of authority, makes other revisions of business entity statutes.

-House Bill 48: Requires the Game and Fish Commission to establish specifications for the taking of fish with the use of artificial light or lighting devices.

-House Bill 173: Authorizes school districts to set policies for schools to administer epinephrine.