McArtor v. State
In McArtor v. State, 699 P.2d 288 (Wyo. 1985), after a trial to the court, McArtor was convicted of one count of taking indecent liberties with a minor. Id. at 289.
On appeal, McArtor claimed that the sixteen-year-old victim's admission that sexual intercourse was consensual was a complete defense to the charge.
He argued that because the victim could consent under Wyo. Stat. 6-2-304 (statutory rape/sexual assault), the sexual assault provision was a "specific" statute which impliedly repealed or controlled the application of the "general" indecent liberties statute. McArtor, 699 P.2d at 294.
Holding that the indecent liberties statute was not controlled by the statutory rape provision, this court specifically noted that McArtor not only engaged in sexual intercourse, but did so under circumstances specifically addressed within the indecent liberties statute in effect at that time:
".Beyond that, it is not immediately discernible as to which of the two statutes is more specific. Sexual intrusion or penetration is an element of 6-2-304 ( 6-63.5) but is not a necessary element of 14-3-105 ( 14-28). Although the latter statute (at the time of the incident) is not limited to parents, guardians and custodians, the fact that they are specifically mentioned would indicate an intention to place a special onus on those with supervisory authority over minors-as appellant had over the victim in this case."
(McArtor, 699 P.2d at 293.)