My 16-year-old daughter had sexual intercourse with her boyfriend, will the boyfriend be charged with statutory rape?

Full Question:

I caught my 16-year-old daughter engaged in sexual intercourse with her college boyfriend. If reported, will he be charged with statutory rape?
12/30/2016   |   Category: Criminal ยป Statutory Rape   |   State: Wyoming   |   #29143

Answer:

In Wyoming, the age of consent is set at 17. Any person engaging in sexual intercourse with a below the age of 17 is liable to be charged with statutory rape. The consent of the minor is an irrelevant factor before the court as minors below the age of consent are deemed incapable of giving consent. However, if the age difference between the actor and the minor is less than four years, the actor shall be charged with sexual abuse of a minor in the third degree per Wyo. Stat. § 6-2-316. It reads:
 
“(a) Except under circumstance constituting sexual abuse of a minor in the first or second degree as defined by W.S. 6-2-314 and 6-2-315, an actor commits the crime of sexual abuse of a minor in the third degree if:
     (i) Being seventeen (17) years of age or older, the actor engages in sexual contact with a victim who is thirteen (13) through fifteen (15) years of age, and the victim is at least four (4) years younger than the actor;
     (ii) Being twenty (20) years of age or older, the actor engages in sexual intrusion with a victim who is either sixteen (16) or seventeen (17) years of age, and the victim is at least four (4) years younger than the actor, and the actor occupies a position of authority in relation to the victim;
     (iii) Being less than sixteen (16) years of age, the actor inflicts sexual intrusion on a victim who is less than thirteen (13) years of age, and the victim is at least three (3) years younger than the actor; or
     (iv) Being seventeen (17) years of age or older, the actor knowingly takes immodest, immoral or indecent liberties with a victim who is less than seventeen (17) years of age and the victim is at least four (4) years younger than the actor.
(b) A person convicted under subsection (a) of this section is subject to imprisonment for not more than fifteen (15) years.
(c) A person charged with violating the provisions of paragraph (a)(iii) of this section shall be subject to the original jurisdiction of the juvenile court, except the matter may be transferred to the district court having jurisdiction of the offense as provided in W.S. 14-6-237.”

Also, Wyo. Stat. § 6-2-306 enumerates the punishment for sexual abuse of a minor in the third degree. It reads:
“***
(iii) Sexual assault in the third degree under W.S. 6-2-304 is a felony punishable by imprisonment for not more than fifteen (15) years;
***”
In the case at hand, per § 6-2-316, the boyfriend will be charged with sexual abuse of a minor in the third degree and may be punished with to imprisonment for not more than fifteen (15) years.