6-2-317 and a child less than twelve (12) years of age is the

6-2-317 and a child less than twelve (12) years of age is the victim, the judge may order the taking of a videotape deposition of the child. The videotaping shall be done under the supervision of the court.

(b) Persons allowed to be present at the videotaping of the deposition are the child, the judge, prosecutor, defendant and defense counsel, a family member who was not a witness to the offense or a support person for the child and any technicians required to operate the equipment.  (c) Before ordering the deposition, the judge shall find that:

(i) The child's testimony would be relevant and material;

(ii) The best interests of the child would be served by permitting the videotape deposition;

(iii) A potential physical or psychological harm to the child is likely to occur if the child is required to testify which would effectively render the child incapable to testify at the trial; and

(iv) The defendant or his legal counsel has the opportunity to be present and to cross-examine the child at the videotape deposition.

(d) The judge may deny the defendant's face-to-face confrontation of the child at the videotape deposition if:

(i) The defendant is alleged to have inflicted physical harm or is alleged to have threatened to inflict physical harm upon the child, and physical or psychological harm to the child is likely to occur if there is a face-to-face confrontation of the child by defendant;

(ii) The defendant's legal counsel will have reasonable opportunity to confer with his client before and at any time during the videotape deposition; and

(iii) The defendant will have opportunity to view and hear the proceedings while being taken.

(e) A videotape deposition may be admitted at trial in lieu of the direct testimony of the child, if the judge finds, after hearing, that:

(i) The visual and sound qualities of the videotape are satisfactory;

(ii) The videotape is not misleading;

(iii) All portions of the videotape that have been ruled inadmissible have been deleted; and  (iv) A potential physical or psychological harm to the child is likely to occur if the child is required to testify which would effectively render the child incapable to testify at the trial.

(f) Children unable to articulate what was done to them will be permitted to demonstrate the sexual act or acts committed against them with the aid of anatomically correct dolls. Such demonstrations will be under the supervision of the court and shall be videotaped to be viewed at trial, and shall be received into evidence as demonstrative evidence.

(g) Videotapes which are part of the court record are subject to a protective order to preserve the privacy of the child.

(h) If the prosecutor elects to utilize a videotaped deposition pursuant to this section, the child will not or is unable to provide live testimony in accordance with W.S. 7-11- 409 and the videotape has been taken and is admissible, the child may not testify in court without the consent of the defendant.

(j) The court may provide for the child to testify under the conditions specified in W.S. 7-11-409 in lieu of a videotaped deposition under this section. Nothing in this subsection shall be construed to affect the accommodations available under W.S. 7-11-409(b) for the child.

7-11-409. Testimony from child witnesses; accommodations.

(a) In any case in which the defendant is charged with incest as defined in W.S. 6-4-402(a) or sexual assault as defined in W.S. 6-2-302 through 6-2-304 and 6-2-314 through 6-2- 317 and a child less than eighteen (18) years of age is the victim, the court may allow the child to testify remotely, outside the presence of the defendant or the jury, in accordance with all of the following:

(i) Before permitting the child to testify remotely under this subsection, the court shall hold a hearing and shall find that the child testifying in the courtroom would cause the child to suffer more than de minimis emotional distress and that remote testimony by the child is necessary to protect the welfare of the child;  (ii) The court may exclude the defendant from being physically present in the same room as the child during the child's testimony if the court finds that the presence of the defendant in the same room as the child is substantially likely to cause substantial emotional distress to the child and that the emotional distress is substantially likely to impair the ability of the child to communicate;

(iii) If the defendant is excluded under paragraph (ii) of this subsection, the child shall testify by way of a two (2) way closed circuit television or other appropriate secure technology. The testimony of the child shall be televised live in the courtroom, and simultaneously the room in which the child is testifying shall have a monitor that displays a view of the courtroom and that displays the defendant;

(iv) The defendant may waive the right to have the defendant's image televised in the room in which the child is testifying;

(v) If the defendant is excluded from the room in which the child is testifying, the court:

(A) Shall provide for instantaneous, real-time communication between the defendant and the defendant's attorney;

(B) Shall grant reasonable court recesses during the testimony for consultation between the defendant and the defendant's attorney;

(C) May communicate by audio system with attorneys outside of the courtroom.

(vi) If, on the motion of the district attorney and outside the presence of the jury, the court specifically finds that the child will suffer substantial emotional distress that will impair the child's ability to communicate due to the presence of the jury, the court may exclude the jury from the room in which the child is testifying. The testimony of the child shall be televised at the same time to the courtroom by closed circuit television or other real-time audio and video technology.

(b) In any case in which the defendant is charged with incest as defined in W.S. 6-4-402(a), sexual assault as defined in W.S. 6-2-302 through 6-2-304 and 6-2-314 through 6-2-317, human trafficking as defined in W.S. 6-2-701 through 6-2-703 or a violent felony as defined by W.S. 6-1-104(a)(xii) and a child less than eighteen (18) years of age is the victim, the court may, on its own motion or upon a motion by a party, provide reasonable accommodations to the child, including but not limited to the following:

(i) To be addressed, asked questions and read the oath or affirmation to testify truthfully in an age-appropriate manner;

(ii) To be free of nuisance or harassing tactics in the proceeding;

(iii) To have a person who would contribute to the well-being of the child present, clearly visible and in close proximity, if the person is not and will not be a witness in the proceeding;

(iv) To have sufficient breaks in the proceedings to allow for the comfort of the child;

(v) To have a certified therapeutic dog, an item used to provide psychological comfort, or both, present in the room with the child.

ARTICLE 5 - VERDICT AND SENTENCE

7-11-501. Return of verdict; poll of jury.

In all criminal cases the verdict shall be unanimous. It shall be returned by the jury to the judge in open court. Before the verdict is accepted and recorded, the jury shall be polled at the request of any party or upon the court's own motion. If upon the poll there is not unanimous concurrence, the jury may be directed to retire for further deliberations or may be discharged.

7-11-502. Conviction of necessary included offense or attempt.

In any criminal case the defendant may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein.

7-11-503. Execution of jail sentence. When any person convicted of an offense is sentenced to imprisonment in the county jail, the court shall order the defendant into the custody of the sheriff, who shall deliver him, together with the record of conviction, to the jailor, in whose custody he shall remain in the jail of the proper county, until the term of his confinement expires, or he is pardoned or otherwise legally discharged.

7-11-504. Commitment until fine and costs paid.

If a defendant sentenced to pay a fine or costs defaults in payment, the court may order the defendant to show cause why he should not be committed to jail. If the court finds that the defendant's default is willful or is due to a failure on defendant's part to make a good faith effort to obtain the funds required for the payment and the court determines that the defendant has an ability to pay or that a reasonable probability exists that the defendant will have an ability to pay, the court may order him committed until the fine or costs, or a specified part thereof, is paid. The defendant shall be given a credit for each day of imprisonment at the rate provided by W.S.