Title 6 — Title 6 — Crimes And Offenses

Short title; applicability of provisions; conflicting penalties. (a) This act may be cited as the Wyoming Criminal Code. (b) This act does not apply to crimes committed prior to the effective date of this act. Prosecutions for a crime shall be governed by the law in effect on the…

retained. Common-law crimes abolished; common-law defenses (a) Common-law crimes are abolished. No conduct constitutes a crime unless it is described as a crime in this act or in another statute of this state. This section does not limit the power of the court to: (i) Punish for …

Civil recovery for criminal act; conviction as evidence in civil suit. (a) Nothing in this act prevents a party whose person or property is injured by a criminal act from recovering full damages. (b) No record of a conviction, unless it was obtained by confession in open court, s…

Accessory before the fact. (a) A person who knowingly aids or abets in the commission of a felony, or who counsels, encourages, hires, commands or procures a felony to be committed, is an accessory before the fact. (b) An accessory before the fact: (i) May be indicted, informed a…

Being under the influence not a defense; effect upon intent; "self-induced." (a) Self-induced intoxication of the defendant is not a defense to a criminal charge except to the extent that in any prosecution evidence of self-induced intoxication of the defendant may be offered whe…

Battered woman syndrome. (a) The "battered woman syndrome" is defined as a subset under the diagnosis of Post-Traumatic Stress Disorder established in the Diagnostic and Statistical Manual of Mental Disorders III - Revised of the American Psychiatric Association. (b) If a person …

Immunity from civil action for justifiable use of force; attorney fees. (a) Except as provided by W.S. 6-1-103(a), a person who uses reasonable defensive force pursuant to W.S. 6-2-602 is immune from civil action for the use of the force. (b) In a civil action filed against a per…

expression. Limitations on criminal liability for digital (a) A digital expression that does not otherwise constitute a crime or subject the person responsible for creating the digital expression to criminal liability under the Wyoming Criminal Code shall not serve as the sole ba…

Artificial intelligence; liability and defense. (a) Nothing in the Wyoming Criminal Code shall be construed to prohibit the application of this code against activity facilitated by an artificial intelligence system. (b) The use of an artificial intelligence system by a person to …

(c) Notwithstanding any other provision of this section, evidence that reasonable efforts have been made to preserve and reunify the family is not required in any case in which the court determines any one (1) or more of the following by clear and convincing evidence: (i) The par…

(a) Attempt; renunciation of criminal intention. A person is guilty of an attempt to commit a crime if: (i) With the intent to commit the crime, he does any act which is a substantial step towards commission of the crime. A "substantial step" is conduct which is strongly corrobor…

Solicitation to commit felony; renunciation of criminal intention. (a) A person is guilty of solicitation to commit a felony if, with intent that a felony be committed, he commands, encourages or facilitates the commission of that crime under circumstances strongly corroborative …

venue. Conspiracy; renunciation of criminal intention; (a) A person is guilty of conspiracy to commit a crime if he agrees with one (1) or more persons that they or one (1) or more of them will commit a crime and one (1) or more of them does an overt act to effect the objective o…

Grading. The penalty for attempt, solicitation or conspiracy is the same as the penalty for the most serious crime which is attempted, solicited or is an object of the conspiracy except that an attempt, solicitation or conspiracy to commit a capital crime is not punishable by the…

Murder in the first degree; penalty. (a) Whoever purposely and with premeditated malice, or in the perpetration of, or attempt to perpetrate, any sexual assault, sexual abuse of a minor, arson, robbery, burglary, escape, resisting arrest, kidnapping or abuse of a child under the …

Presentence hearing for murder in the first degree; mitigating and aggravating circumstances; effect of error in hearing. (a) Upon conviction of a person for murder in the first degree in a case in which the state seeks the death penalty, the judge shall conduct a separate senten…

Review of death sentences; notice from clerk of trial court; factors to be considered by supreme court; disposition of appeal. (a) The judgment of conviction and sentence of death is subject to automatic review by the supreme court of Wyoming within one hundred twenty (120) days …

Set the sentence aside and remand the case for Murder in the second degree; penalty. (a) Except as provided in W.S. 6-2-109, whoever purposely and maliciously, but without premeditation, kills any human being is guilty of murder in the second degree, and shall be imprisoned in th…

Manslaughter; penalty. (a) A person is guilty of manslaughter if he unlawfully kills any human being without malice, expressed or implied, either: (i) Voluntarily, upon a sudden heat of passion; or (ii) Involuntarily, but recklessly except under circumstances constituting a viola…

Homicide by vehicle; aggravated homicide by vehicle; penalties. (a) Except as provided in subsection (b) of this section, a person is guilty of homicide by vehicle and shall be fined not more than two thousand dollars ($2,000.00) or imprisoned in the county jail for not more than…

Criminally negligent homicide. (a) Except under circumstances constituting a violation of W.S. 6-2-106, a person is guilty of criminally negligent homicide if he causes the death of another person by conduct amounting to criminal negligence. (b) Criminally negligent homicide is a…

(a) Drug induced homicide; penalty. A person is guilty of drug induced homicide if: (i) He is an adult or is at least four (4) years older than the victim; and (ii) He violates W.S. 35-7-1031(a)(i) or (ii) or (b)(i) or (ii) by unlawfully delivering a controlled substance to a min…

Sentencing enhancement for the homicide of a pregnant woman. (a) Upon sentencing of a defendant who is convicted of an offense pursuant to W.S. 6-2-104(a), 6-2-105 or 6-2-108, if the jury has found that the victim was pregnant at the time of the commission of the offense and that…

victim. Kidnapping; penalties; effect of release of (a) A person is guilty of kidnapping if he unlawfully removes another from his place of residence or business or from the vicinity where he was at the time of the removal, or if he unlawfully confines another person, with the in…

Felonious restraint; penalty. (a) A person is guilty of felonious restraint if he knowingly: (i) Restrains another unlawfully in circumstances exposing him to risk of serious bodily injury; or (ii) servitude. Holds another in a condition of involuntary (b) Felonious restraint is …

False imprisonment; penalties. (a) A person is guilty of false imprisonment if he knowingly and unlawfully restrains another so as to interfere substantially with his liberty. (b) False imprisonment is a misdemeanor punishable by imprisonment for not more than one (1) year, a fin…

Interference with custody; presumption of knowledge of child's age; affirmative defenses; penalties. (a) A person is guilty of interference with custody if, having no privilege to do so, he knowingly: (i) Takes or entices a minor from the custody of the minor's parent, guardian o…

(a) assault; Definitions. As used in this article, unless otherwise defined: (i) "Actor" means the person accused of criminal (ii) "Intimate parts" means the external genitalia, perineum, anus or pubes of any person or the breast of a female person; (iii) "Physically helpless" me…

Sexual assault in the first degree. (a) Any actor who inflicts sexual intrusion on a victim commits a sexual assault in the first degree if: (i) The actor causes submission of the victim through the actual application, reasonably calculated to cause submission of the victim, of p…

Sexual assault in the second degree. (a) Any actor who inflicts sexual intrusion on a victim commits sexual assault in the second degree if, under circumstances not constituting sexual assault in the first degree: (i) The actor causes submission of the victim by threatening to re…

Sexual assault in the third degree. (a) An actor commits sexual assault in the third degree if, under circumstances not constituting sexual assault in the first or second degree: (i) Repealed By Laws 2007, Ch. 159, § 3. (ii) Repealed By Laws 2007, Ch. 159, § 3. (iii) The actor su…

Repealed By Laws 1997, ch. 135, § 2.

Penalties for sexual assault. (a) An actor convicted of sexual assault under W.S. 6-2-302 through 6-2-304 who does not qualify under the criteria of subsection (b) or (d) of this section shall be punished as follows: (i) Sexual assault in the first degree under W.S. 6-2-302 is a …

Evidence of marriage as defense. (a) The fact that the actor and the victim are married to each other is not by itself a defense to a violation of W.S. 6-2-302(a)(i), (ii) or (iii) or 6-2-303(a)(i), (ii), (iii), (vi) or (vii). (b) Consent of the victim is not a defense to a viola…

Criminality of conduct; victim's age. (a) Except as provided by subsection (b) of this section, if criminality of conduct in this article depends on a victim being under sixteen (16) years of age, it is an affirmative defense that the actor reasonably believed that the victim was…

Medical examination of victim; costs; use of report; minors; rights of victims; reimbursement. (a) A law enforcement agency receiving a report of a sexual assault may, with the victim's consent, arrange for an examination of the victim by a licensed health care provider acting wi…

Repealed By Laws 2009, Ch. 18, § 2.

Corroboration unnecessary. Corroboration of a victim's testimony is not necessary to obtain a conviction for sexual assault.

Evidence of victim's prior sexual conduct or reputation; procedure for introduction. (a) In any prosecution under this article or for any lesser included offense, if evidence of the prior sexual conduct of the victim, reputation evidence or opinion evidence as to the character of…

Sexual battery. (a) Except under circumstances constituting a violation of W.S. 6-2-302 through 6-2-304, 6-2-314 through 6-2-317 or 6-2-502, an actor who unlawfully subjects another person to any sexual contact is guilty of sexual battery. (b) Sexual battery is a misdemeanor puni…

penalties. Sexual abuse of a minor in the first degree; (a) An actor commits the crime of sexual abuse of a minor in the first degree if: (i) Being sixteen (16) years of age or older, the actor inflicts sexual intrusion on a victim who is less than thirteen (13) years of age; (ii…

penalties. Sexual abuse of a minor in the second degree; (a) Except under circumstance constituting sexual abuse of a minor in the first degree as defined by W.S. 6-2-314, an actor commits the crime of sexual abuse of a minor in the second degree if: (i) Being seventeen (17) year…

Sexual abuse of a minor in the third degree. (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 …

Sexual abuse of a minor in the fourth degree. (a) Except under circumstance constituting sexual abuse of a minor in the first, second or third degree as defined by W.S. 6-2-314 through 6-2-316, an actor commits the crime of sexual abuse of a minor in the fourth degree if: (i) Bei…

penalty. Soliciting to engage in illicit sexual relations; Except under circumstances constituting sexual assault in the first, second or third degree as defined by W.S. 6-2-302 through 6-2-304, or sexual abuse of a minor in the first, second, third or fourth degree as defined by…

Names not to be released; restrictions on disclosures or publication of information; violations; penalties. (a) Prior to the filing of an information or indictment in district court charging a violation of an offense under this article, neither the names of the alleged actor or t…

Prohibited access to school facilities and child care facilities by adult sex offenders; exceptions; penalties; definitions. (a) Except as provided in subsection (b) of this section, no person who is eighteen (18) years of age or older who is required to register as a sex offende…

Grooming of minor for sexual offense; definitions; penalties. (a) As used in this section: (i) "Electronic communication" means a sign, signal, writing, image, sound, data or intelligence of any nature transmitted or created, in whole or in part, by a wire, radio, electromagnetic…

(b) Unlawful entry into an occupied structure is a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both. (c) As used in this section: (i) "Occupied structure" means a structure, other than a vehicle…

Robbery; aggravated robbery; penalties. (a) A person is guilty of robbery if in the course of committing a crime defined by W.S. 6-3-402, he: (i) Inflicts bodily injury upon another; or (ii) Threatens another with or intentionally puts him in fear of immediate bodily injury. (b) …