dissenting.
I adhere to my position developed in Ketcham v. State, Wyo., 618 P.2d 1356, 1362 et seq. (1980) (Rose, J., dissenting, with whom McClintock, J., joins), that Wyoming law does not prohibit the sort of consensual sexual activity involved in this appeal. Accordingly, I join in the dissent of Justice Cardine to the extent that it supports the conclusion that our sexual-assault statutes, and not our indecent-liberties statute, define the criminality of sexual activity between persons over 15 years old or less than four years apart in age.
The conflict between the two statutory schemes is inescapable. The sexual-assault statutes 1 define consensual sexual penetra*295tion as a crime only if the child is under 16 and the defendant is at least four years older than the child. The indecent-liberties statute,2 on the other hand, provides for up to ten years’ imprisonment for any person who so much as consensually touches the clothed breast of a girl under 19. Sorenson v. State, Wyo., 604 P.2d 1031 (1979). Specifically, the indecent-liberties statute criminalizes the conduct involved in this appeal — consensual sexual intercourse between persons over 15 years of age — while the sexual-assault statutes decriminalize that same conduct. We are not free to ignore this contradiction, and, therefore, must resort to rules of statutory construction to harmonize these enactments dealing with the same subject matter. Capwell v. State, Wyo., 686 P.2d 1148 (1984).
I agree with Justice Cardine that the specific sexual-assault statutes control over the more general indecent-liberties provisions. I also join in his position that doubts as to the construction of penal statutes must be resolved in favor of the defendant. Horn v. State, Wyo., 556 P.2d 925, 927 (1972). Application of these rules leads me to conclude that the sexual-assault statutes govern the criminality of consensual sexual conduct — including but not limited to sexual penetration — between persons over 15 or less than four years apart in age. Therefore, I would hold that the consensual sexual intercourse involved in this appeal does not constitute a crime under Wyoming law.
. The statutes in effect at the time of the incident involved in this appeal provided:
“Sexual assault in the fourth degree. — An actor who is at least four (4) years older than the victim and who inflicts sexual penetration or sexual intrusion on a victim under the age of sixteen (16) years is guilty of sexual assault in the fourth degree.” Section 6-63.5, W.S.1957, 1977 Interim Supp.
“Penalties for sexual assault. — * * *
******
“(iv) For sexual assault in the fourth degree, imprisonment in the county jail for not more than one (1) year.” Section 6-63.-6(a)(iv), W.S.1957, 1977 Interim Supp.
The current sexual-assault statutes define the offense as a felony:
*295"(a) Except under circumstances constituting a violation of W.S. 14-3-105, an actor commits sexual assault in the third degree if:
“(i) The actor is at least four (4) years older than the victim and who inflicts sexual intrusion on a victim under the age of sixteen (16) years; or
"(ii) The actor is an adult and subjects a victim under the age of twelve (12) years to sexual contact without inflicting sexual intrusion on the victim and without causing serious bodily injury to the victim.” Section 6-2-304, W.S.1977, 1984 Cum.Supp.
“(iii) Sexual assault in the third degree is a felony punishable by imprisonment for not more than five (5) years; * * * ” Section 6-2-306(a)(iii), W.S.1977.
. Section 14-3-105, W.S.1977, is substantially similar to the indecent-liberties statute in effect at the time of the incident and provides:
“Any person knowingly taking immodest, immoral or indecent liberties with any child or knowingly causing or encouraging any child to cause or encourage another child to commit with him any immoral or indecent act is guilty of a felony, and upon conviction shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) or imprisoned in the penitentiary not more than ten (10) years, or both.”