from the District Court of Natrona County The Honorable
Catherine E. Wilking, Judge
Representing Appellant: Office of the State Public Defender:
Diane M. Lozano, State Public Defender; Kirk A. Morgan, Chief
Appellate Counsel; Desiree Wilson, Senior Assistant Appellate
Counsel. Argument by Ms. Wilson.
Representing Appellee: Peter K. Michael, Attorney General;
Christyne M. Martens, Deputy Attorney General; Caitlin F.
Harper, Senior Assistant Attorney General; Benjamin E.
Fischer, Assistant Attorney General. Argument by Mr. Fischer.
DAVIS, C.J., and FOX, KAUTZ, BOOMGAARDEN, and GRAY, JJ.
Tosha Leigh Sheesley was convicted of one count of
third-degree sexual assault. She appeals her conviction,
raising substantive due process challenges under the United
States and Wyoming Constitutions. We affirm.
Ms. Sheesley denied her right to due process of law under the
Fifth and Fourteenth Amendments to the United States
Ms. Sheesley denied her right to due process of law under
Article 1, Sections 6, 7, and 36 of the Wyoming Constitution?
Tosha Leigh Sheesley was a resident manager of the Casper
Re-Entry Center (CRC), an adult community correctional
facility in Casper, Wyoming. While employed at the CRC, Ms.
Sheesley began a sexual relationship with KJ, a CRC resident.
The State charged Ms. Sheesley with two counts of sexual
assault in the second degree and one count of sexual assault
in the third degree under Wyo. Stat. Ann. §§
6-2-303(a)(vii) and 6-2-304(a)(iii) (LexisNexis 2015), which
prohibit sexual contact between employees and residents of
correctional facilities. Ms. Sheesley moved to dismiss the
charges, arguing the statutes violated her substantive due
process rights under the United States and Wyoming
Constitutions. The district court denied the motion,
reasoning that the statutes were designed "to protect
those who are in a position that, per se, negates
consent" and thus, do not violate the United States or
Wyoming Constitutions because neither constitution recognizes
a fundamental right to nonconsensual sex. The State agreed to
dismiss two of the counts against Ms. Sheesley in exchange
for a guilty plea to one count of sexual assault in the third
degree in violation of Wyo. Stat. Ann. §
6-2-304(a)(iii). Ms. Sheesley pleaded guilty, reserving her
right to appeal the denial of her motion to dismiss. The
district court imposed a sentence of three to five years
imprisonment, suspended on condition that Ms. Sheesley
complete three years of supervised probation.
Ms. Sheesley presents a constitutional challenge to Wyo.
Stat. Ann. §§ 6-2-304(a)(iii) and 6-2-303(a)(vii).
"The question of whether a statute is constitutional is
a question of law over which this Court exercises de
novo review." Vaughn v. State, 2017 WY 29,
¶ 7, 391 P.3d 1086, 1091 (Wyo. 2017) (quoting
Kammerer v. State, 2014 WY 50, ¶ 5, 322 P.3d
827, 830 (Wyo. 2014)). Statutes are presumed constitutional,
and we resolve any doubt in favor of constitutionality.
Vaughn, 2017 WY 29, ¶ 7, 391 P.3d at 1091. The
party challenging the constitutionality of a statute bears
the burden of proving its unconstitutionality beyond any
reasonable doubt. Gordon v. State by and through Capitol
Bldg. Rehab., 2018 WY 32, ¶ 12, 413 P.3d 1093, 1099
(Wyo. 2018) (citing Krenning v. Heart Mt. Irrigation
Dist., 2009 WY 11, ¶ 33, 200 P.3d 774, 784 (Wyo.
Was Ms. Sheesley denied her right to due process of law under
the Fifth and Fourteenth Amendments ...