6-3-101. Arson; first degree; aggravated arson; penalties.
(a) A person is guilty of first-degree arson if he maliciouslystarts a fire or causes an explosion with intent to destroy or damage anoccupied structure.
(b) First-degree arson is a felony punishable by:
(i) Imprisonment for not more than twenty (20) years;
(ii) A fine of not more than the greater of twenty thousanddollars ($20,000.00) or two (2) times the face amount of the insurance if thefire was started to cause collection of insurance for the loss; or
(iii) Both fine and imprisonment.
(c) A person is guilty of aggravated arson if he maliciouslystarts a fire or causes an explosion with intent to destroy an occupiedstructure, under circumstances evidencing reckless disregard for human life,and serious bodily injury or death occurs to another person, either at thescene or while in emergency response to the incident.
(d) Aggravated arson is a felony punishable by:
(i) Imprisonment for not more than thirty (30) years;
(ii) A fine of not more than the greater of twenty thousanddollars ($20,000.00) or two (2) times the face amount of the insurance if thefire was started to cause collection of insurance for the loss; or
(iii) Both fine and imprisonment.
6-3-102. Arson; second degree; penalties.
(a) A person is guilty of second-degree arson if he starts afire or causes an explosion with intent to destroy or damage any property tocause collection of insurance for the loss.
(b) Second-degree arson is a felony punishable by imprisonmentfor not more than ten (10) years, a fine of not more than two (2) times theface amount of the insurance, or both.
6-3-103. Arson; third degree; penalties.
(a) A person is guilty of third-degree arson if heintentionally starts a fire or causes an explosion and intentionally,recklessly or with criminal negligence:
(i) Places another in danger of bodily injury; or
(ii) Destroys or damages any property of another which has avalue of two hundred dollars ($200.00) or more.
(b) Third-degree arson is a felony punishable by imprisonmentfor not more than five (5) years, a fine of not more than five thousand dollars($5,000.00), or both.
(c) For purposes of this article, "property ofanother" means a building, or other property, whether real or personal, inwhich any person or entity other than the offender has an interest, includingan insurance or mortgage interest, which the offender has no authority todefeat or impair, even though the offender may also have an interest in thebuilding or property.
6-3-104. Arson; fourth degree; penalties.
(a) A person is guilty of fourth-degree arson if heintentionally starts a fire or causes an explosion and intentionally,recklessly or with criminal negligence destroys or damages any property ofanother as defined in W.S. 6-3-103(c) which has a value of less than two hundreddollars ($200.00).
(b) Fourth-degree arson is a misdemeanor punishable byimprisonment for not more than one (1) year, a fine of not more than sevenhundred fifty dollars ($750.00), or both.
6-3-105. Negligently burning woods, prairie or grounds; penalties.
(a) A person is guilty of a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both, if he, without permission of theowner and acting with criminal negligence:
(i) Sets fire to any woods, prairie or grounds or to anythingon any woods, prairie or grounds which is the property of another; or
(ii) Allows a fire to pass from the owner's woods, prairie orgrounds to the injury or destruction of any property of another.
6-3-106. Failure to extinguish or contain fire in woods or prairie;penalty.
Aperson is guilty of a misdemeanor punishable by a fine of not more than sevenhundred fifty dollars ($750.00) if he lights a fire in any woods or on any prairieand leaves the vicinity of the fire without extinguishing it or containing itso it does not spread and is not likely to spread.
6-3-107. Throwing burning substance from vehicle; penalties.
Aperson who throws a burning substance from a vehicle is guilty of a misdemeanorpunishable by imprisonment for not more than six (6) months, a fine of not morethan seven hundred fifty dollars ($750.00), or both.
6-3-108. Definitions for W.S. 6-3-108 through 6-3-110.
(a) As used in W.S. 6-3-108 through 6-3-110:
(i) "Authorized agency" means any of the followingagencies or officials when authorized or required to investigate or prosecutealleged arson:
(A) The state fire marshal or his designee;
(B) A county and prosecuting or district attorney;
(C) The attorney general or his designee;
(D) A fire department;
(E) A county sheriff's department, the Wyoming state highwaypatrol or municipal police department;
(F) The federal bureau of investigation or any other federalagency;
(G) The United States attorney's office; and
(H) The state insurance commissioner or his designee.
6-3-109. Information provided by insurers; notice of nonaccidentalfires; release of information; immunity.
(a) Upon receipt of a written request from an authorizedagency, an insurance company shall release to the authorized agency allinformation requested by the agency relating to a fire loss. The informationmay include:
(i) The application for the policy;
(ii) Insurance policy information relevant to the insured;
(iii) Policy premium payment records;
(iv) The insured's history of claims; and
(v) Material from an investigation of the loss, includingstatements, proof of loss and other relevant information.
(b) An insurance company which has reason to believe a fireloss was caused by other than accident shall notify an authorized agency inwriting and upon request shall provide all information developed in thecompany's inquiry into the fire loss. Notice to any authorized agency issufficient notice under W.S. 6-3-108 through 6-3-110.
(c) Upon request, an authorized agency may release to any otherauthorized agency information obtained pursuant to subsections (a) and (b) ofthis section.
(d) An insurance company which provided information to anauthorized agency pursuant to subsections (a) and (b) of this section mayrequest relevant information from an authorized agency. Within a reasonabletime, the authorized agency may provide the requested information.
(e) Any insurance company or person acting in its behalf orauthorized agency who releases information, whether oral or written, is immunefrom any liability arising out of a civil action or any penalty resulting froma criminal prosecution which occurs incident to the release of the informationunless willful misstatement, attempted duress or malice is shown.
6-3-110. Information to be held in confidence.
Anauthorized agency or insurance company which receives information pursuant toW.S. 6-3-108 through 6-3-110 shall hold the information in confidence exceptwhen release is authorized by the source of the information, by W.S. 6-3-108through 6-3-110 or by a court of competent jurisdiction.
6-3-111. Possession, manufacture, transportation and sale ofexplosives, improvised explosive device, or incendiary apparatus with unlawfulintent prohibited; penalties; definition; exception.
(a) As used in this section:
(i) "Explosive" means any chemical or mechanicalcompound, substance or mixture that is commonly used or intended to cause anexplosion and which contains any oxidizing and combustive units or otheringredients in such proportions, quantities or packing that an ignition byfire, friction, concussion, percussion or by detonation of any part of thecompound or mixture is likely to cause such a sudden generation of heated gasesthat the resultant gaseous pressures are capable of producing destructiveeffects on nearby objects, or of destroying life or limb;
(ii) "Improvised explosive device" means any device,not commercially manufactured in the ordinary course of interstate commerce,which contains explosives as defined by paragraph (i) of this subsection;
(iii) "Incendiary apparatus" means any fuse,accelerant, time delay ignition apparatus, mechanism, device or material orcombination of materials designed, devised or reasonably calculated to cause,spread or accelerate the rate of burning of a fire, or to cause additionaldamage at or by a fire, or to cause an explosion in connection with a fire;
(iv) The terms "explosive," "improvised explosivedevice" and "incendiary apparatus" shall be construed to includeand refer to any explosive, incendiary, bomb, grenade, rocket having apropellant charge of more than four (4) ounces, missile having an explosive orincendiary charge of more than one-quarter (1/4) ounce, mine or similar devicecontaining or represented to contain any poison gas, nerve gas, biologicalagent or other chemical or substance capable of causing death or seriousphysical injury.
(b) Any person who possesses, manufactures, transports, sellsor delivers to another person any explosive, improvised explosive device, orincendiary apparatus, with the intent unlawfully to endanger the life orphysical well being of another, to commit assault or battery or to inflictbodily harm or injury upon the person of another, or with the intent to assistanother person to do the same, is guilty of a felony. Upon conviction, he shallbe punished by imprisonment for not more than ten (10) years, a fine of notmore than ten thousand dollars ($10,000.00), or both.
(c) Any person who possesses, manufactures, transports, sellsor delivers to another person any explosive, improvised explosive device, orincendiary apparatus, with the intent to cause injury or damage to the propertyof another as defined in W.S. 6-3-103(c), or with the intent to assist anotherperson to do the same, is guilty of a felony. Upon conviction, he shall bepunished by imprisonment for not more than five (5) years, a fine of not morethan five thousand dollars ($5,000.00), or both.
(d) A person is guilty of intimidation by explosive device ifhe knowingly, and with the intent to threaten, intimidate or terrorize anotherperson, uses any object or material and represents it to be an explosive, improvisedexplosive device or incendiary apparatus, and thereby places another person inreasonable fear of imminent physical harm. Upon conviction he shall be punishedby imprisonment for not more than five (5) years, a fine of not more than tenthousand dollars ($10,000.00), or both.
(e) Nothing contained in this section shall be construed toapply to any law enforcement officer if performed in the lawful performance ofhis official duties, nor to any person customarily engaged in the lawfulbusiness of manufacture, transportation, sale or use of such materials anddevices, if performed in the ordinary course of business and without thecriminal intent described in this section, nor to any person actually andlawfully engaged in demolition activity on a ranch, farm or construction sitewith the authority of the owner thereof, and acting without the criminal intentdescribed in this section.
6-3-112. Preventing or obstructing extinguishment of fire;interference with firefighter; penalties.
(a) A person who willfully injures, destroys, removes or in anymanner interferes with the use of any vehicle, tools, equipment, watersupplies, hydrants, towers, buildings, communications facilities, or otherinstruments or facilities used in the detection, reporting, suppression orextinguishing of fire is guilty of a misdemeanor. Upon conviction, he shall bepunished by imprisonment for not more than one (1) year, a fine of not morethan one thousand dollars ($1,000.00), or both.
(b) A person who willfully and unreasonably hinders orinterferes with a firefighter in the performance of his official duties, orattempts to do so with the intention of interfering with the firefightingeffort, is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both.
ARTICLE 2 - PROPERTY DESTRUCTION AND DEFACEMENT
6-3-201. Property destruction and defacement; grading; penalties;aggregated costs or values.
(a) A person is guilty of property destruction and defacementif he knowingly defaces, injures or destroys property of another without theowner's consent.
(b) Property destruction and defacement is:
(i) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the cost of restoring injured property or the value of the propertyif destroyed is less than one thousand dollars ($1,000.00);
(ii) Repealed by Laws 1985, ch. 44, 2.
(iii) 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,if the cost of restoring injured property or the value of the property ifdestroyed is one thousand dollars ($1,000.00) or more.
(c) If a series of injuries results from a single continuingcourse of conduct, a single violation of this section may be charged andpenalties imposed based upon the aggregate cost or value of the property injuredor destroyed.
6-3-202. Altering landmarks; penalties.
(a) A person is guilty of altering landmarks if, with intent todestroy or deface the mark on a monument, landmark or bearing-tree designatingthe corner or boundary of a tract of land, he knowingly:
(i) Displaces the monument or landmark;
(ii) Defaces or alters the mark; or
(iii) Breaks, cuts down or removes the monument, landmark orbearing-tree.
(b) Altering landmarks is a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both.
6-3-203. Cruelty to animals; penalties; limitation on manner ofdestruction.
(a) A person commits cruelty to animals if he knowingly andwith intent to cause death, injury or undue suffering:
(i) Overrides an animal or drives an animal when overloaded; or
(ii) Unnecessarily or cruelly beats, tortures, torments,injures, mutilates or attempts to kill an animal; or
(iii) Carries an animal in a manner that poses undue risk ofinjury or death.
(b) A person commits cruelty to animals if he has the chargeand custody of any animal and unnecessarily fails to provide it with the properfood, drink or protection from the weather, or cruelly abandons the animal, orin the case of immediate, obvious, serious illness or injury, fails to providethe animal with appropriate care.
(c) A person commits aggravated cruelty to animals if he:
(i) Repealed by Laws 1987, ch. 91, 2.
(ii) Owns, possesses, keeps or trains fowls or dogs with theintent to allow the dog or fowl to engage in an exhibition of fighting withanother dog or fowl;
(iii) Repealed by Laws 1987, ch. 91, 2.
(iv) For gain causes or allows any dog or fowl to fight withanother dog or fowl;
(v) Knowingly permits any act prohibited under paragraphs (ii)or (iv) of this subsection on any premises under his charge or control; or
(vi) Promotes any act prohibited under paragraphs (ii) or (iv)of this subsection.
(d) A person shall not destroy an animal by the use of ahigh-altitude decompression chamber or a carbon monoxide gas chamber utilizinga gasoline engine. This subsection is uniformly applicable to all cities andtowns.
(e) Unless punishable under subsection (n) of this section, aviolation of this section is a misdemeanor punishable by imprisonment for notmore than six (6) months, a fine of not more than seven hundred fifty dollars($750.00), or both except that a subsequent offense is a high misdemeanorpunishable by not more than one (1) year imprisonment, a fine of not more thanfive thousand dollars ($5,000.00), or both.
(f) Nothing in subsection (c) of this section may be construedto prohibit:
(i) The use of dogs in the management of livestock by the ownerof the livestock, his employees or agents or other persons in lawful custody ofthe livestock;
(ii) The use of dogs or raptors in hunting; or
(iii) The training of dogs or raptors or the use of equipment inthe training of dogs or raptors for any purpose not prohibited by law;
(iv) Repealed By Laws 2000, Ch. 86, 2.
(v) Repealed By Laws 2000, Ch. 86, 2.
(vi) Repealed By Laws 2000, Ch. 86, 2.
(g) A person commits cruelty to animals if he is knowinglypresent at any place where an exhibition of fighting of fowls or dogs isoccurring for amusement or gain.
(h) If a person convicted of a violation of this section isalso the owner of the animal, the court may require the person to forfeitownership of the animal to the county in which the person is convicted. Thissubsection shall not affect the interest of any secured party or other personwho has not participated in the offense.
(j) In addition to any sentence and penalties imposed undersubsections (e), (h) and (n) of this section, the court may:
(i) Require the defendant to pay all reasonable costs incurredin providing necessary food and water, veterinary attention and treatment forany animal affected; and
(ii) Prohibit or limit the defendant's ownership, possession orcustody of animals, as the court deems appropriate.
(k) Each animal affected by the defendant's conduct mayconstitute a separate count for the purposes of prosecution, conviction,sentencing and penalties under this section.
(m) Nothing in subsection (a), (b) or (n) of this section shallbe construed to prohibit:
(i) A person from humanely destroying an animal;
(ii) The use of industry accepted agricultural and livestockpractices on livestock;
(iii) Rodeo events, whether the event is performed in a rodeo,jackpot or otherwise; or
(iv) The hunting, capture or destruction of any predatory animalor other wildlife in any manner not otherwise prohibited by law.
(n) A person commits a felony if he commits aggravated crueltyto animals as defined in subsection (c) of this section or knowingly and withintent to cause death, injury or undue suffering, cruelly beats, tortures,torments, injures or mutilates an animal resulting in the death or requiredeuthanasia of the animal. A felony under this subsection or subsection (c) of thissection is punishable by not more than two (2) years imprisonment, a fine ofnot more than five thousand dollars ($5,000.00), or both.
6-3-204. Littering; penalties.
(a) A person is guilty of littering if he places, throws,scatters or deposits garbage, debris, refuse or waste material, objects orsubstances, including abandoned or junked vehicles, upon the property ofanother. Operators of motor vehicles are responsible under this section for thedisposition or ejection of garbage, debris or other material from the vehiclewhile the vehicle is being operated on the roads or highways of this state.
(b) This section does not apply to discharges which areregulated, controlled or limited by air, land or water quality laws orregulations.
(c) Littering is a misdemeanor punishable by imprisonment fornot more than six (6) months, a fine of not more than seven hundred fiftydollars ($750.00), or both. Littering, involving the disposal of a containerwith body fluids along a highway right of way, is a misdemeanor punishable byimprisonment for not more than nine (9) months, a fine of not more than onethousand dollars ($1,000.00), or both. The court may suspend all or a part ofa sentence imposed under this section and require the person convicted oflittering to perform up to forty (40) hours of labor in the form of cleaninglitter debris from public roads, parks or other public areas or facilities.
(d) In addition to any other peace officer, game and fish lawenforcement personnel qualified pursuant to W.S. 9-1-701 through 9-1-707 areauthorized to enforce the provisions of this section.
(a) A person is guilty of burglary if, without authority, he entersor remains in a building, occupied structure or vehicle, or separately securedor occupied portion thereof, with intent to commit larceny or a felony therein.
(b) Except as provided in subsection (c) of this section,burglary 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) Aggravated burglary is a felony punishable by imprisonmentfor not less than five (5) years nor more than twenty-five (25) years, a fineof not more than fifty thousand dollars ($50,000.00), or both, if, in thecourse of committing the crime of burglary, the person:
(i) Is or becomes armed with or uses a deadly weapon or asimulated deadly weapon;
(ii) Knowingly or recklessly inflicts bodily injury on anyone;or
(iii) Attempts to inflict bodily injury on anyone.
(d) As used in this section "in the course of committingthe crime" includes the time during which an attempt to commit the crimeor in which flight after the attempt or commission occurred.
(a) A person is guilty of criminal entry if, without authority,he knowingly enters a building, occupied structure, vehicle or cargo portion ofa truck or trailer, or a separately secured or occupied portion of thoseenclosures.
(b) It is an affirmative defense to prosecution under thissection that:
(i) The entry was made because of a mistake of fact or topreserve life or property in an emergency;
(ii) The enclosure was abandoned;
(iii) The enclosure was at the time open to the public and theperson complied with all lawful conditions imposed on access to or remaining inthe enclosure; or
(iv) The person reasonably believed that the owner of theenclosure, or other person empowered to license access to the enclosure, wouldhave authorized him to enter.
(c) Criminal entry is a misdemeanor punishable by imprisonmentfor not more than six (6) months, a fine of not more than seven hundred fiftydollars ($750.00), or both.
6-3-303. Criminal trespass; penalties.
(a) A person is guilty of criminal trespass if he enters orremains on or in the land or premises of another person, knowing he is notauthorized to do so, or after being notified to depart or to not trespass. Forpurposes of this section, notice is given by:
(i) Personal communication to the person by the owner oroccupant, or his agent, or by a peace officer; or
(ii) Posting of signs reasonably likely to come to the attentionof intruders.
(b) Criminal trespass is a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both.
(c) This section does not supersede W.S. 1-21-1003.
6-3-304. Possession of burglar's tools; penalties.
(a) A person is guilty of possession of burglar's tools if hepossesses an explosive, tool, instrument or other article adapted, designed orcommonly used for committing or facilitating the commission of a crimeinvolving forcible entry into buildings or occupied structures with intent touse the article possessed in the commission of such a crime.
(b) Possession of burglar's tools is a felony punishable byimprisonment for not more than three (3) years, a fine of not more than threethousand dollars ($3,000.00), or both.
6-3-305. Breaking, opening or entering of coin machine with intent tocommit larceny; penalties.
Aperson is guilty of a misdemeanor punishable by imprisonment for not more thanone (1) year, a fine of not more than one thousand dollars ($1,000.00), orboth, if he breaks, opens or enters a coin machine with intent to commitlarceny.
6-3-306. Forcible entry or detainer; penalty.
Aperson is guilty of a misdemeanor punishable by a fine of not more than sevenhundred fifty dollars ($750.00), if he violently takes or keeps possession ofland without authority of law.
ARTICLE 4 - LARCENY AND RELATED OFFENSES
6-3-401. Definitions.
(a) As used in this article:
(i) "Bailee" means a person other than the owner ofproperty who rightfully possesses property;
(ii) "Deprive" means:
(A) To withhold property of another permanently or for soextended a period as to appropriate a major portion of its economic value orwith intent to restore only upon payment of reward or other compensation; or
(B) To dispose of the property so as to make it unlikely thatthe owner will recover it.
(iii) "This article" means W.S. 6-3-401 through6-3-411.
6-3-402. Larceny; livestock rustling; theft of fuel; penalties.
(a) A person who steals, takes and carries, leads or drivesaway property of another with intent to deprive the owner or lawful possessoris guilty of larceny.
(b) A bailee, a public servant as defined by W.S.6-5-101(a)(vi) or any person entrusted with the control, care or custody of anymoney or other property who, with intent to steal or to deprive the owner ofthe property, converts the property to his own or another's use is guilty oflarceny.
(c) Except as provided by subsections (e) and (f) of thissection, larceny is:
(i) 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,if the value of the property is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the property is less than one thousand dollars($1,000.00).
(d) Conduct denoted larceny in this section constitutes asingle offense embracing the separate crimes formerly known as larceny, larcenyby bailee or embezzlement.
(e) A person who steals any horse, mule, sheep, cattle, buffaloor swine is guilty of livestock rustling which is a felony punishable byimprisonment for not more than ten (10) years, a fine of not more than tenthousand dollars ($10,000.00), or both.
(f) A person who causes a motor vehicle to leave the premisesof an establishment at which motor vehicle fuel is offered for retail salewithout the person making full payment for motor fuel that was dispensed intothe fuel tank of a motor vehicle or into another container is guilty oflarceny. Any person convicted of a second or subsequent offense under thissubsection shall have his driver's license suspended pursuant to W.S. 31-7-128.The court shall forward to the department of transportation a copy of therecord pertaining to disposition of the arrest or citation. In addition:
(i) A first conviction under this subsection is punishable by afine of not more than seven hundred fifty dollars ($750.00), imprisonment fornot more than six (6) months, or both;
(ii) A second or subsequent conviction under this subsection ispunishable by a fine of not more than one thousand dollars ($1,000.00),imprisonment for not more than six (6) months, or both.
6-3-403. Wrongful taking or disposing of property; venue ofindictment.
(a) A person who buys, receives, conceals or disposes ofproperty which he knows, believes or has reasonable cause to believe wasobtained in violation of law is guilty of:
(i) 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,if the value of the property is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the property is less than one thousand dollars($1,000.00).
(b) A person may be indicted under this section in the countywhere he received or possessed the property, notwithstanding the wrongfultaking occurred in another county.
6-3-404. Shoplifting; altering or removing price tags and markers;penalties.
(a) A person who willfully conceals or takes possession ofproperty offered for sale by a wholesale or retail store without the knowledgeor consent of the owner and with intent to convert the property to his own usewithout paying the purchase price is guilty of:
(i) 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,if the value of the property is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the property is less than one thousand dollars($1,000.00).
(b) A person who alters, defaces, changes or removes a pricetag or marker on or about property offered for sale by a wholesale or retailstore with intent to obtain the property at less than the marked or listedprice is guilty of:
(i) 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,if the difference between the marked or listed price and the amount actuallypaid is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the difference between the marked or listed price and the amountactually paid is less than one thousand dollars ($1,000.00).
6-3-405. Reasonable detention and interrogation of persons suspectedof shoplifting or altering price tag; defense in civil or criminal action.
(a) A peace officer, merchant or merchant's employee who hasreasonable cause to believe a person is violating W.S. 6-3-404 may detain andinterrogate the person in regard to the suspected violation in a reasonablemanner and for a reasonable time.
(b) In a civil or criminal action for slander, false arrest,false imprisonment, assault, battery or wrongful detention based upon adetention and interrogation pursuant to this section, it is a defense that thepeace officer, merchant or merchant's employee had reasonable cause to believethe person was violating W.S. 6-3-404 and the detention and interrogation wereconducted in a reasonable manner and for a reasonable time.
6-3-406. Defrauding an innkeeper; penalties; definitions.
(a) A person who, with intent to defraud, procures food, drinkor accommodations at a public establishment without paying in accordance withhis agreement with the public establishment is guilty of:
(i) 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,if the value of the food, drink or accommodations is one thousand dollars($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the food, drink or accommodations is less than onethousand dollars ($1,000.00).
(b) As used in this section:
(i) "Agreement with a public establishment" means awritten or verbal agreement on the price charged for, and the acceptance of,food, beverages, service or accommodations, where the price charged is printedon a menu or schedule of rates shown to or made available by the publicestablishment to the patron. Acceptance of food, beverages, service oraccommodations for which a reasonable charge is made is an agreement with apublic establishment;
(ii) "Public establishment" means an establishmentselling, or offering for sale, prepared food or beverages, or leasing orrenting overnight sleeping accommodations to the public generally. "Publicestablishment" includes restaurants, cafes, dining rooms, lunch counters,coffee shops, boardinghouses, hotels, motor hotels, motels and rooming houses,unless the rental thereof is on a month-to-month basis or for a longer periodof time.
6-3-407. Obtaining property by false pretenses; penalties.
(a) A person who knowingly obtains property from another personby false pretenses with intent to defraud the person is guilty of:
(i) 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,if the value of the property is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the property is less than one thousand dollars($1,000.00).
6-3-408. Theft of services; penalties.
(a) A person who, with intent to defraud, obtains serviceswhich he knows are available only for compensation, without paying for theservices is guilty of:
(i) 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,if the value of the services is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the services is less than one thousand dollars($1,000.00).
(b) A person who tampers or otherwise interferes with orconnects to, by any means, whether mechanical, electrical, acoustical orotherwise, any cables, wires or other devices used for distribution of servicesfor the purposes of committing a violation of subsection (a) of this section isguilty of:
(i) 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,if the value of the services is one thousand dollars ($1,000.00) or more; or
(ii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the services is less than one thousand dollars($1,000.00).
(c) A person who knowingly manufactures, distributes, sells, oroffers for sale, rental or use any decoding or descrambling device or any planor kit for such device, designed with intent to facilitate an act whichconstitutes a violation of subsection (a) of this section is guilty of:
(i) 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,if the value of the services is one thousand dollars ($1,000.00) or more; or
(ii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the services is less than one thousand dollars($1,000.00).
(d) As used in this section "services" includes, butis not limited to, electric, telephone, cable television, gas, water or sewerservices.
(a) A person is guilty of a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both, if, with intent to defraud or to aidand abet another to defraud any other person of the lawful charge, in whole orin part, for any telecommunications service, he obtains, attempts to obtain oraids and abets another to obtain or to attempt to obtain any telecommunicationsservice:
(i) By charging the service to an existing telephone number orcredit card number without the authority of the subscriber thereto or thelegitimate holder thereof;
(ii) By charging the service to a nonexistent, false,fictitious, or counterfeit telephone number or credit card number or to asuspended, terminated, expired, cancelled, or revoked telephone number orcredit card number;
(iii) By use of a code, prearranged scheme, or other similarstratagem or device whereby the person, in effect, sends or receivesinformation;
(iv) By installing, rearranging, or tampering with anyfacilities or equipment, whether physically, inductively, acoustically, orelectronically; or
(v) By any other trick, stratagem, impersonation, falsepretense, false representation, false statement, contrivance, device, or means.
6-3-410. Value of property may be aggregated in certain cases.
Theamount of property involved in violations of W.S. 6-3-402 through 6-3-404 and6-3-406 through 6-3-408 committed pursuant to a common scheme or the sametransaction, whether the property is taken from the same person or different persons,may be aggregated in determining the value of the property.
6-3-411. Unlawful use of theft detection shielding devices; penalty.
(a) A person commits unlawful use of a theft detectionshielding device when he knowingly manufacturers, sells, offers for sale ordistributes any laminated or coated bag or device peculiar to shielding andintended to shield merchandise from detection by an electronic or magnetictheft alarm sensor.
(b) A person commits unlawful possession of a theft detectionshielding device when he knowingly possesses any laminated or coated bag ordevice peculiar to and designed for shielding and intended to shieldmerchandise from detection by an electronic or magnetic theft alarm sensor,with the intent to commit theft.
(c) A person commits unlawful possession of a theft detectiondevice remover when he knowingly possesses any tool or device designed to allowthe removal of any theft detection device from any merchandise without thepermission of the merchant or person owning or holding the merchandise, withthe intent to commit theft.
(d) A person commits the offense of unlawful removal of a theftdetection device when he intentionally removes the device from a product priorto purchase without the permission of the merchant or person owning or holdingthe merchandise.
(e) A person who commits any of the offenses specified undersubsections (a) through (d) of this section shall be guilty of a misdemeanorpunishable by imprisonment for not more than six (6) months, a fine of not morethan seven hundred fifty dollars ($750.00), or both.
ARTICLE 5 - COMPUTER CRIMES
6-3-501. Definitions.
(a) As used in this article:
(i) "Access" means to approach, instruct, communicatewith, store data in, retrieve data from, or otherwise make use of any resourcesof a computer, computer system or computer network;
(ii) "Computer" means an internally programmed,automatic device which performs data processing;
(iii) "Computer network" means a set of related,remotely connected devices and communication facilities including more than one(1) computer system with capability to transmit data among them throughcommunication facilities;
(iv) "Computer program" means an ordered set of datarepresenting coded instructions or statements which when executed by a computercause the computer to process data;
(v) "Computer software" means a set of computerprograms, procedures and associated documentation concerned with the operationof a computer system;
(vi) "Computer system" means a set of related,connected or unconnected, computer equipment, devices or computer software;
(vii) "Computer system services" means providing acomputer system or computer network to perform useful work;
(viii) "Financial instrument" means a check, draft,money order, certificate of deposit, letter of credit, bill of exchange, creditcard or marketable security;
(ix) "Intellectual property" means data, includingprograms;
(x) "Property" includes financial instruments,information, electronically produced data, computer software and programs inmachine-readable or human-readable form;
(xi) "Trade secret" means the whole or a portion orphase of a formula, pattern, device, combination of devices or compilation ofinformation which is for use, or is used in the operation of a business andwhich provides the business an advantage or an opportunity to obtain anadvantage over those who do not know or use it. "Trade secret"includes any scientific, technical or commercial information including any design,process, procedure, list of suppliers, list of customers, business code orimprovement thereof. Irrespective of novelty, invention, patentability, thestate of the prior art and the level of skill in the business, art or field towhich the subject matter pertains, when the owner of a trade secret takesmeasures to prevent it from becoming available to persons other than thoseselected by the owner to have access to it for limited purposes, the tradesecret is considered to be:
(A) Secret;
(B) Of value;
(C) For use or in use by the business; and
(D) Providing an advantage or an opportunity to obtain anadvantage to the business over those who do not know or use it.
6-3-502. Crimes against intellectual property; penalties.
(a) A person commits a crime against intellectual property ifhe knowingly and without authorization:
(i) Modifies data, programs or supporting documentationresiding or existing internal or external to a computer, computer system orcomputer network;
(ii) Destroys data, programs or supporting documentationresiding or existing internal or external to a computer, computer system orcomputer network;
(iii) Discloses or takes data, programs, or supportingdocumentation having a value of more than seven hundred fifty dollars ($750.00)and which is a trade secret or is confidential, as provided by law, residing orexisting internal or external to a computer, computer system or computernetwork.
(b) A crime against intellectual property is:
(i) A felony punishable by imprisonment for not more than three(3) years, a fine of not more than three thousand dollars ($3,000.00), or both,except as provided in paragraph (ii) of this subsection;
(ii) 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,if the crime is committed with the intention of devising or executing a schemeor artifice to defraud or to obtain property.
6-3-503. Crimes against computer equipment or supplies; interruptionor impairment of governmental operations or public services; penalties.
(a) A person commits a crime against computer equipment orsupplies if he knowingly and without authorization, modifies equipment orsupplies used or intended to be used in a computer, computer system or computernetwork. A crime against computer equipment or supplies is:
(i) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, except as provided in paragraph (ii) of this subsection;
(ii) 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,if the crime is committed with the intention of devising or executing a schemeor artifice to defraud or to obtain property.
(b) A person who knowingly and without authorization destroys,injures or damages a computer, computer system or computer network and therebyinterrupts or impairs governmental operations or public communication,transportation or supplies of water, gas or other public service, is guilty ofa felony punishable by imprisonment for not more than three (3) years, a fineof not more than three thousand dollars ($3,000.00), or both.
6-3-504. Crimes against computer users; penalties.
(a) A person commits a crime against computer users if heknowingly and without authorization:
(i) Accesses a computer, computer system or computer network;
(ii) Denies computer system services to an authorized user ofthe computer system services which, in whole or part, are owned by, undercontract to, or operated for, on behalf of, or in conjunction with another.
(b) A crime against computer users is:
(i) A felony punishable by imprisonment for not more than three(3) years, a fine of not more than three thousand dollars ($3,000.00), or bothexcept as provided in paragraph (ii) of this subsection;
(ii) 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,if the crime is committed with the intention of devising or executing a schemeor artifice to defraud or to obtain property.
6-3-505. This article not exclusive.
This article shall not preclude theapplication of any other provision of the criminal law of this state whichapplies, or may apply, to any violation of this article, unless the provisionis inconsistent with this article.
ARTICLE 6 - FRAUD
6-3-601. "Writing" defined.
Asused in this article "writing" means printing or any other method ofrecording information, money, coins, tokens, stamps, seals, credit cards,badges, trademarks, and other symbols of value, right, privilege oridentification.
6-3-602. Forgery; penalties.
(a) A person is guilty of forgery if, with intent to defraud,he:
(i) Alters any writing of another without authority;
(ii) Makes, completes, executes, authenticates, issues ortransfers any writing so that it purports to be the act of another who did notauthorize that act, or to have been executed at a time or place or in anumbered sequence other than was in fact the case, or to be a copy of anoriginal when no such original existed; or
(iii) Utters any writing which he knows to be forged in a mannerspecified in paragraphs (i) or (ii) of this subsection.
(b) Except as provided in subsection (c) of this section,forgery 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) Forgery is a misdemeanor punishable by imprisonment for notmore than six (6) months, a fine of not more than seven hundred fifty dollars($750.00), or both, if the writing is a:
(i) Permit required by W.S. 11-21-102 through 11-21-104; or
(ii) Number or check number placed on a car or pit car in orabout a mine.
6-3-603. Possession of forged writings and forgery devices;penalties.
(a) A person is guilty of a felony punishable by imprisonmentfor not more than five (5) years, a fine of not more than five thousand dollars($5,000.00), or both, if he:
(i) Possesses a writing knowing it is forged in a mannerspecified in W.S. 6-3-602(a)(i) or (ii) and intending to utter or pass it todefraud another person;
(ii) With intent to commit forgery, makes or knowingly possessesa die, plate, apparatus, paper, metal, machine or other thing used to forgewritings.
6-3-604. Fraud against testamentary instruments and governmentrecords; penalties; "government record" defined.
(a) A person is guilty of a felony punishable by imprisonmentfor not more than ten (10) years, a fine of not more than ten thousand dollars($10,000.00), or both, if he fraudulently steals, alters, defaces, destroys orsecretes:
(i) An executed will, codicil or other testamentary instrument;or
(ii) A part or all of a government record.
(b) As used in this section, "government record"means a record, record book, docket or journal which is authorized by law orbelongs or pertains to, or is filed with, a court of record, a circuit court orany governmental office or officer.
6-3-605. Operation of coin machine by slug or without required legaltender; manufacture or distribution of slugs; penalties; "slug"defined.
(a) A person is guilty of a misdemeanor punishable by imprisonmentfor not more than six (6) months, a fine of not more than seven hundred fiftydollars ($750.00), or both, if knowingly and without authorization, he:
(i) Operates a coin machine by use of a slug;
(ii) Obtains property or services from a coin machine withoutdepositing the amount of legal tender required by the owner of the coin machinefor the property or service.
(b) A person is guilty of a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both, if he manufactures or distributesslugs knowing or reasonably believing they will be used for fraudulent orunlawful purposes.
(c) As used in this section, "slug" means an articleor object which can be deposited in a coin machine as an improper substitutefor a genuine coin, bill or token.
6-3-606. Impersonation of a peace officer; penalties.
Aperson is guilty of impersonation of a peace officer if he falsely representshimself to be a peace officer with intent to compel action or inaction by anyperson against his will. Impersonation of a peace officer is a misdemeanorpunishable by imprisonment for not more than one (1) year, a fine of not morethan one thousand dollars ($1,000.00), or both.
6-3-607. Defrauding creditors; penalties.
(a) A mortgagor of property or a debtor who has given asecurity interest in property is guilty of defrauding creditors if he:
(i) Transfers or conceals the property in derogation of themortgagee's or secured party's interest with intent to deprive the mortgagee orsecured party of his interest;
(ii) Removes the property from the jurisdiction of the districtcourt of the county where the mortgage or security interest was given withintent to deprive the mortgagee or secured party of his interest and withoutobtaining the written consent of the mortgagee or secured party prior to theremoval; or
(iii) Changes, alters, removes, substitutes, mutilates, covers upor defaces any brand, mark, number, name, letter, character, color or othercharacteristic used to identify the property with intent to deprive themortgagee or secured party of his interest.
(b) Defrauding creditors is:
(i) 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,if the mortgagee's or secured party's interest is of a value of one thousanddollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the mortgagee's or secured party's interest is of a value of lessthan one thousand dollars ($1,000.00).
(c) The amount of the mortgagee's or secured party's interestinvolved in a violation of this section pursuant to a common scheme or the sametransaction, whether from the same or a different mortgagee or secured party,may be aggregated in determining the value of the interest.
6-3-608. Fraudulent use of materials; fraudulent obtaining of mo
6-3-101. Arson; first degree; aggravated arson; penalties.
(a) A person is guilty of first-degree arson if he maliciouslystarts a fire or causes an explosion with intent to destroy or damage anoccupied structure.
(b) First-degree arson is a felony punishable by:
(i) Imprisonment for not more than twenty (20) years;
(ii) A fine of not more than the greater of twenty thousanddollars ($20,000.00) or two (2) times the face amount of the insurance if thefire was started to cause collection of insurance for the loss; or
(iii) Both fine and imprisonment.
(c) A person is guilty of aggravated arson if he maliciouslystarts a fire or causes an explosion with intent to destroy an occupiedstructure, under circumstances evidencing reckless disregard for human life,and serious bodily injury or death occurs to another person, either at thescene or while in emergency response to the incident.
(d) Aggravated arson is a felony punishable by:
(i) Imprisonment for not more than thirty (30) years;
(ii) A fine of not more than the greater of twenty thousanddollars ($20,000.00) or two (2) times the face amount of the insurance if thefire was started to cause collection of insurance for the loss; or
(iii) Both fine and imprisonment.
6-3-102. Arson; second degree; penalties.
(a) A person is guilty of second-degree arson if he starts afire or causes an explosion with intent to destroy or damage any property tocause collection of insurance for the loss.
(b) Second-degree arson is a felony punishable by imprisonmentfor not more than ten (10) years, a fine of not more than two (2) times theface amount of the insurance, or both.
6-3-103. Arson; third degree; penalties.
(a) A person is guilty of third-degree arson if heintentionally starts a fire or causes an explosion and intentionally,recklessly or with criminal negligence:
(i) Places another in danger of bodily injury; or
(ii) Destroys or damages any property of another which has avalue of two hundred dollars ($200.00) or more.
(b) Third-degree arson is a felony punishable by imprisonmentfor not more than five (5) years, a fine of not more than five thousand dollars($5,000.00), or both.
(c) For purposes of this article, "property ofanother" means a building, or other property, whether real or personal, inwhich any person or entity other than the offender has an interest, includingan insurance or mortgage interest, which the offender has no authority todefeat or impair, even though the offender may also have an interest in thebuilding or property.
6-3-104. Arson; fourth degree; penalties.
(a) A person is guilty of fourth-degree arson if heintentionally starts a fire or causes an explosion and intentionally,recklessly or with criminal negligence destroys or damages any property ofanother as defined in W.S. 6-3-103(c) which has a value of less than two hundreddollars ($200.00).
(b) Fourth-degree arson is a misdemeanor punishable byimprisonment for not more than one (1) year, a fine of not more than sevenhundred fifty dollars ($750.00), or both.
6-3-105. Negligently burning woods, prairie or grounds; penalties.
(a) A person is guilty of a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both, if he, without permission of theowner and acting with criminal negligence:
(i) Sets fire to any woods, prairie or grounds or to anythingon any woods, prairie or grounds which is the property of another; or
(ii) Allows a fire to pass from the owner's woods, prairie orgrounds to the injury or destruction of any property of another.
6-3-106. Failure to extinguish or contain fire in woods or prairie;penalty.
Aperson is guilty of a misdemeanor punishable by a fine of not more than sevenhundred fifty dollars ($750.00) if he lights a fire in any woods or on any prairieand leaves the vicinity of the fire without extinguishing it or containing itso it does not spread and is not likely to spread.
6-3-107. Throwing burning substance from vehicle; penalties.
Aperson who throws a burning substance from a vehicle is guilty of a misdemeanorpunishable by imprisonment for not more than six (6) months, a fine of not morethan seven hundred fifty dollars ($750.00), or both.
6-3-108. Definitions for W.S. 6-3-108 through 6-3-110.
(a) As used in W.S. 6-3-108 through 6-3-110:
(i) "Authorized agency" means any of the followingagencies or officials when authorized or required to investigate or prosecutealleged arson:
(A) The state fire marshal or his designee;
(B) A county and prosecuting or district attorney;
(C) The attorney general or his designee;
(D) A fire department;
(E) A county sheriff's department, the Wyoming state highwaypatrol or municipal police department;
(F) The federal bureau of investigation or any other federalagency;
(G) The United States attorney's office; and
(H) The state insurance commissioner or his designee.
6-3-109. Information provided by insurers; notice of nonaccidentalfires; release of information; immunity.
(a) Upon receipt of a written request from an authorizedagency, an insurance company shall release to the authorized agency allinformation requested by the agency relating to a fire loss. The informationmay include:
(i) The application for the policy;
(ii) Insurance policy information relevant to the insured;
(iii) Policy premium payment records;
(iv) The insured's history of claims; and
(v) Material from an investigation of the loss, includingstatements, proof of loss and other relevant information.
(b) An insurance company which has reason to believe a fireloss was caused by other than accident shall notify an authorized agency inwriting and upon request shall provide all information developed in thecompany's inquiry into the fire loss. Notice to any authorized agency issufficient notice under W.S. 6-3-108 through 6-3-110.
(c) Upon request, an authorized agency may release to any otherauthorized agency information obtained pursuant to subsections (a) and (b) ofthis section.
(d) An insurance company which provided information to anauthorized agency pursuant to subsections (a) and (b) of this section mayrequest relevant information from an authorized agency. Within a reasonabletime, the authorized agency may provide the requested information.
(e) Any insurance company or person acting in its behalf orauthorized agency who releases information, whether oral or written, is immunefrom any liability arising out of a civil action or any penalty resulting froma criminal prosecution which occurs incident to the release of the informationunless willful misstatement, attempted duress or malice is shown.
6-3-110. Information to be held in confidence.
Anauthorized agency or insurance company which receives information pursuant toW.S. 6-3-108 through 6-3-110 shall hold the information in confidence exceptwhen release is authorized by the source of the information, by W.S. 6-3-108through 6-3-110 or by a court of competent jurisdiction.
6-3-111. Possession, manufacture, transportation and sale ofexplosives, improvised explosive device, or incendiary apparatus with unlawfulintent prohibited; penalties; definition; exception.
(a) As used in this section:
(i) "Explosive" means any chemical or mechanicalcompound, substance or mixture that is commonly used or intended to cause anexplosion and which contains any oxidizing and combustive units or otheringredients in such proportions, quantities or packing that an ignition byfire, friction, concussion, percussion or by detonation of any part of thecompound or mixture is likely to cause such a sudden generation of heated gasesthat the resultant gaseous pressures are capable of producing destructiveeffects on nearby objects, or of destroying life or limb;
(ii) "Improvised explosive device" means any device,not commercially manufactured in the ordinary course of interstate commerce,which contains explosives as defined by paragraph (i) of this subsection;
(iii) "Incendiary apparatus" means any fuse,accelerant, time delay ignition apparatus, mechanism, device or material orcombination of materials designed, devised or reasonably calculated to cause,spread or accelerate the rate of burning of a fire, or to cause additionaldamage at or by a fire, or to cause an explosion in connection with a fire;
(iv) The terms "explosive," "improvised explosivedevice" and "incendiary apparatus" shall be construed to includeand refer to any explosive, incendiary, bomb, grenade, rocket having apropellant charge of more than four (4) ounces, missile having an explosive orincendiary charge of more than one-quarter (1/4) ounce, mine or similar devicecontaining or represented to contain any poison gas, nerve gas, biologicalagent or other chemical or substance capable of causing death or seriousphysical injury.
(b) Any person who possesses, manufactures, transports, sellsor delivers to another person any explosive, improvised explosive device, orincendiary apparatus, with the intent unlawfully to endanger the life orphysical well being of another, to commit assault or battery or to inflictbodily harm or injury upon the person of another, or with the intent to assistanother person to do the same, is guilty of a felony. Upon conviction, he shallbe punished by imprisonment for not more than ten (10) years, a fine of notmore than ten thousand dollars ($10,000.00), or both.
(c) Any person who possesses, manufactures, transports, sellsor delivers to another person any explosive, improvised explosive device, orincendiary apparatus, with the intent to cause injury or damage to the propertyof another as defined in W.S. 6-3-103(c), or with the intent to assist anotherperson to do the same, is guilty of a felony. Upon conviction, he shall bepunished by imprisonment for not more than five (5) years, a fine of not morethan five thousand dollars ($5,000.00), or both.
(d) A person is guilty of intimidation by explosive device ifhe knowingly, and with the intent to threaten, intimidate or terrorize anotherperson, uses any object or material and represents it to be an explosive, improvisedexplosive device or incendiary apparatus, and thereby places another person inreasonable fear of imminent physical harm. Upon conviction he shall be punishedby imprisonment for not more than five (5) years, a fine of not more than tenthousand dollars ($10,000.00), or both.
(e) Nothing contained in this section shall be construed toapply to any law enforcement officer if performed in the lawful performance ofhis official duties, nor to any person customarily engaged in the lawfulbusiness of manufacture, transportation, sale or use of such materials anddevices, if performed in the ordinary course of business and without thecriminal intent described in this section, nor to any person actually andlawfully engaged in demolition activity on a ranch, farm or construction sitewith the authority of the owner thereof, and acting without the criminal intentdescribed in this section.
6-3-112. Preventing or obstructing extinguishment of fire;interference with firefighter; penalties.
(a) A person who willfully injures, destroys, removes or in anymanner interferes with the use of any vehicle, tools, equipment, watersupplies, hydrants, towers, buildings, communications facilities, or otherinstruments or facilities used in the detection, reporting, suppression orextinguishing of fire is guilty of a misdemeanor. Upon conviction, he shall bepunished by imprisonment for not more than one (1) year, a fine of not morethan one thousand dollars ($1,000.00), or both.
(b) A person who willfully and unreasonably hinders orinterferes with a firefighter in the performance of his official duties, orattempts to do so with the intention of interfering with the firefightingeffort, is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both.
ARTICLE 2 - PROPERTY DESTRUCTION AND DEFACEMENT
6-3-201. Property destruction and defacement; grading; penalties;aggregated costs or values.
(a) A person is guilty of property destruction and defacementif he knowingly defaces, injures or destroys property of another without theowner's consent.
(b) Property destruction and defacement is:
(i) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the cost of restoring injured property or the value of the propertyif destroyed is less than one thousand dollars ($1,000.00);
(ii) Repealed by Laws 1985, ch. 44, 2.
(iii) 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,if the cost of restoring injured property or the value of the property ifdestroyed is one thousand dollars ($1,000.00) or more.
(c) If a series of injuries results from a single continuingcourse of conduct, a single violation of this section may be charged andpenalties imposed based upon the aggregate cost or value of the property injuredor destroyed.
6-3-202. Altering landmarks; penalties.
(a) A person is guilty of altering landmarks if, with intent todestroy or deface the mark on a monument, landmark or bearing-tree designatingthe corner or boundary of a tract of land, he knowingly:
(i) Displaces the monument or landmark;
(ii) Defaces or alters the mark; or
(iii) Breaks, cuts down or removes the monument, landmark orbearing-tree.
(b) Altering landmarks is a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both.
6-3-203. Cruelty to animals; penalties; limitation on manner ofdestruction.
(a) A person commits cruelty to animals if he knowingly andwith intent to cause death, injury or undue suffering:
(i) Overrides an animal or drives an animal when overloaded; or
(ii) Unnecessarily or cruelly beats, tortures, torments,injures, mutilates or attempts to kill an animal; or
(iii) Carries an animal in a manner that poses undue risk ofinjury or death.
(b) A person commits cruelty to animals if he has the chargeand custody of any animal and unnecessarily fails to provide it with the properfood, drink or protection from the weather, or cruelly abandons the animal, orin the case of immediate, obvious, serious illness or injury, fails to providethe animal with appropriate care.
(c) A person commits aggravated cruelty to animals if he:
(i) Repealed by Laws 1987, ch. 91, 2.
(ii) Owns, possesses, keeps or trains fowls or dogs with theintent to allow the dog or fowl to engage in an exhibition of fighting withanother dog or fowl;
(iii) Repealed by Laws 1987, ch. 91, 2.
(iv) For gain causes or allows any dog or fowl to fight withanother dog or fowl;
(v) Knowingly permits any act prohibited under paragraphs (ii)or (iv) of this subsection on any premises under his charge or control; or
(vi) Promotes any act prohibited under paragraphs (ii) or (iv)of this subsection.
(d) A person shall not destroy an animal by the use of ahigh-altitude decompression chamber or a carbon monoxide gas chamber utilizinga gasoline engine. This subsection is uniformly applicable to all cities andtowns.
(e) Unless punishable under subsection (n) of this section, aviolation of this section is a misdemeanor punishable by imprisonment for notmore than six (6) months, a fine of not more than seven hundred fifty dollars($750.00), or both except that a subsequent offense is a high misdemeanorpunishable by not more than one (1) year imprisonment, a fine of not more thanfive thousand dollars ($5,000.00), or both.
(f) Nothing in subsection (c) of this section may be construedto prohibit:
(i) The use of dogs in the management of livestock by the ownerof the livestock, his employees or agents or other persons in lawful custody ofthe livestock;
(ii) The use of dogs or raptors in hunting; or
(iii) The training of dogs or raptors or the use of equipment inthe training of dogs or raptors for any purpose not prohibited by law;
(iv) Repealed By Laws 2000, Ch. 86, 2.
(v) Repealed By Laws 2000, Ch. 86, 2.
(vi) Repealed By Laws 2000, Ch. 86, 2.
(g) A person commits cruelty to animals if he is knowinglypresent at any place where an exhibition of fighting of fowls or dogs isoccurring for amusement or gain.
(h) If a person convicted of a violation of this section isalso the owner of the animal, the court may require the person to forfeitownership of the animal to the county in which the person is convicted. Thissubsection shall not affect the interest of any secured party or other personwho has not participated in the offense.
(j) In addition to any sentence and penalties imposed undersubsections (e), (h) and (n) of this section, the court may:
(i) Require the defendant to pay all reasonable costs incurredin providing necessary food and water, veterinary attention and treatment forany animal affected; and
(ii) Prohibit or limit the defendant's ownership, possession orcustody of animals, as the court deems appropriate.
(k) Each animal affected by the defendant's conduct mayconstitute a separate count for the purposes of prosecution, conviction,sentencing and penalties under this section.
(m) Nothing in subsection (a), (b) or (n) of this section shallbe construed to prohibit:
(i) A person from humanely destroying an animal;
(ii) The use of industry accepted agricultural and livestockpractices on livestock;
(iii) Rodeo events, whether the event is performed in a rodeo,jackpot or otherwise; or
(iv) The hunting, capture or destruction of any predatory animalor other wildlife in any manner not otherwise prohibited by law.
(n) A person commits a felony if he commits aggravated crueltyto animals as defined in subsection (c) of this section or knowingly and withintent to cause death, injury or undue suffering, cruelly beats, tortures,torments, injures or mutilates an animal resulting in the death or requiredeuthanasia of the animal. A felony under this subsection or subsection (c) of thissection is punishable by not more than two (2) years imprisonment, a fine ofnot more than five thousand dollars ($5,000.00), or both.
6-3-204. Littering; penalties.
(a) A person is guilty of littering if he places, throws,scatters or deposits garbage, debris, refuse or waste material, objects orsubstances, including abandoned or junked vehicles, upon the property ofanother. Operators of motor vehicles are responsible under this section for thedisposition or ejection of garbage, debris or other material from the vehiclewhile the vehicle is being operated on the roads or highways of this state.
(b) This section does not apply to discharges which areregulated, controlled or limited by air, land or water quality laws orregulations.
(c) Littering is a misdemeanor punishable by imprisonment fornot more than six (6) months, a fine of not more than seven hundred fiftydollars ($750.00), or both. Littering, involving the disposal of a containerwith body fluids along a highway right of way, is a misdemeanor punishable byimprisonment for not more than nine (9) months, a fine of not more than onethousand dollars ($1,000.00), or both. The court may suspend all or a part ofa sentence imposed under this section and require the person convicted oflittering to perform up to forty (40) hours of labor in the form of cleaninglitter debris from public roads, parks or other public areas or facilities.
(d) In addition to any other peace officer, game and fish lawenforcement personnel qualified pursuant to W.S. 9-1-701 through 9-1-707 areauthorized to enforce the provisions of this section.
(a) A person is guilty of burglary if, without authority, he entersor remains in a building, occupied structure or vehicle, or separately securedor occupied portion thereof, with intent to commit larceny or a felony therein.
(b) Except as provided in subsection (c) of this section,burglary 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) Aggravated burglary is a felony punishable by imprisonmentfor not less than five (5) years nor more than twenty-five (25) years, a fineof not more than fifty thousand dollars ($50,000.00), or both, if, in thecourse of committing the crime of burglary, the person:
(i) Is or becomes armed with or uses a deadly weapon or asimulated deadly weapon;
(ii) Knowingly or recklessly inflicts bodily injury on anyone;or
(iii) Attempts to inflict bodily injury on anyone.
(d) As used in this section "in the course of committingthe crime" includes the time during which an attempt to commit the crimeor in which flight after the attempt or commission occurred.
(a) A person is guilty of criminal entry if, without authority,he knowingly enters a building, occupied structure, vehicle or cargo portion ofa truck or trailer, or a separately secured or occupied portion of thoseenclosures.
(b) It is an affirmative defense to prosecution under thissection that:
(i) The entry was made because of a mistake of fact or topreserve life or property in an emergency;
(ii) The enclosure was abandoned;
(iii) The enclosure was at the time open to the public and theperson complied with all lawful conditions imposed on access to or remaining inthe enclosure; or
(iv) The person reasonably believed that the owner of theenclosure, or other person empowered to license access to the enclosure, wouldhave authorized him to enter.
(c) Criminal entry is a misdemeanor punishable by imprisonmentfor not more than six (6) months, a fine of not more than seven hundred fiftydollars ($750.00), or both.
6-3-303. Criminal trespass; penalties.
(a) A person is guilty of criminal trespass if he enters orremains on or in the land or premises of another person, knowing he is notauthorized to do so, or after being notified to depart or to not trespass. Forpurposes of this section, notice is given by:
(i) Personal communication to the person by the owner oroccupant, or his agent, or by a peace officer; or
(ii) Posting of signs reasonably likely to come to the attentionof intruders.
(b) Criminal trespass is a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both.
(c) This section does not supersede W.S. 1-21-1003.
6-3-304. Possession of burglar's tools; penalties.
(a) A person is guilty of possession of burglar's tools if hepossesses an explosive, tool, instrument or other article adapted, designed orcommonly used for committing or facilitating the commission of a crimeinvolving forcible entry into buildings or occupied structures with intent touse the article possessed in the commission of such a crime.
(b) Possession of burglar's tools is a felony punishable byimprisonment for not more than three (3) years, a fine of not more than threethousand dollars ($3,000.00), or both.
6-3-305. Breaking, opening or entering of coin machine with intent tocommit larceny; penalties.
Aperson is guilty of a misdemeanor punishable by imprisonment for not more thanone (1) year, a fine of not more than one thousand dollars ($1,000.00), orboth, if he breaks, opens or enters a coin machine with intent to commitlarceny.
6-3-306. Forcible entry or detainer; penalty.
Aperson is guilty of a misdemeanor punishable by a fine of not more than sevenhundred fifty dollars ($750.00), if he violently takes or keeps possession ofland without authority of law.
ARTICLE 4 - LARCENY AND RELATED OFFENSES
6-3-401. Definitions.
(a) As used in this article:
(i) "Bailee" means a person other than the owner ofproperty who rightfully possesses property;
(ii) "Deprive" means:
(A) To withhold property of another permanently or for soextended a period as to appropriate a major portion of its economic value orwith intent to restore only upon payment of reward or other compensation; or
(B) To dispose of the property so as to make it unlikely thatthe owner will recover it.
(iii) "This article" means W.S. 6-3-401 through6-3-411.
6-3-402. Larceny; livestock rustling; theft of fuel; penalties.
(a) A person who steals, takes and carries, leads or drivesaway property of another with intent to deprive the owner or lawful possessoris guilty of larceny.
(b) A bailee, a public servant as defined by W.S.6-5-101(a)(vi) or any person entrusted with the control, care or custody of anymoney or other property who, with intent to steal or to deprive the owner ofthe property, converts the property to his own or another's use is guilty oflarceny.
(c) Except as provided by subsections (e) and (f) of thissection, larceny is:
(i) 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,if the value of the property is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the property is less than one thousand dollars($1,000.00).
(d) Conduct denoted larceny in this section constitutes asingle offense embracing the separate crimes formerly known as larceny, larcenyby bailee or embezzlement.
(e) A person who steals any horse, mule, sheep, cattle, buffaloor swine is guilty of livestock rustling which is a felony punishable byimprisonment for not more than ten (10) years, a fine of not more than tenthousand dollars ($10,000.00), or both.
(f) A person who causes a motor vehicle to leave the premisesof an establishment at which motor vehicle fuel is offered for retail salewithout the person making full payment for motor fuel that was dispensed intothe fuel tank of a motor vehicle or into another container is guilty oflarceny. Any person convicted of a second or subsequent offense under thissubsection shall have his driver's license suspended pursuant to W.S. 31-7-128.The court shall forward to the department of transportation a copy of therecord pertaining to disposition of the arrest or citation. In addition:
(i) A first conviction under this subsection is punishable by afine of not more than seven hundred fifty dollars ($750.00), imprisonment fornot more than six (6) months, or both;
(ii) A second or subsequent conviction under this subsection ispunishable by a fine of not more than one thousand dollars ($1,000.00),imprisonment for not more than six (6) months, or both.
6-3-403. Wrongful taking or disposing of property; venue ofindictment.
(a) A person who buys, receives, conceals or disposes ofproperty which he knows, believes or has reasonable cause to believe wasobtained in violation of law is guilty of:
(i) 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,if the value of the property is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the property is less than one thousand dollars($1,000.00).
(b) A person may be indicted under this section in the countywhere he received or possessed the property, notwithstanding the wrongfultaking occurred in another county.
6-3-404. Shoplifting; altering or removing price tags and markers;penalties.
(a) A person who willfully conceals or takes possession ofproperty offered for sale by a wholesale or retail store without the knowledgeor consent of the owner and with intent to convert the property to his own usewithout paying the purchase price is guilty of:
(i) 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,if the value of the property is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the property is less than one thousand dollars($1,000.00).
(b) A person who alters, defaces, changes or removes a pricetag or marker on or about property offered for sale by a wholesale or retailstore with intent to obtain the property at less than the marked or listedprice is guilty of:
(i) 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,if the difference between the marked or listed price and the amount actuallypaid is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the difference between the marked or listed price and the amountactually paid is less than one thousand dollars ($1,000.00).
6-3-405. Reasonable detention and interrogation of persons suspectedof shoplifting or altering price tag; defense in civil or criminal action.
(a) A peace officer, merchant or merchant's employee who hasreasonable cause to believe a person is violating W.S. 6-3-404 may detain andinterrogate the person in regard to the suspected violation in a reasonablemanner and for a reasonable time.
(b) In a civil or criminal action for slander, false arrest,false imprisonment, assault, battery or wrongful detention based upon adetention and interrogation pursuant to this section, it is a defense that thepeace officer, merchant or merchant's employee had reasonable cause to believethe person was violating W.S. 6-3-404 and the detention and interrogation wereconducted in a reasonable manner and for a reasonable time.
6-3-406. Defrauding an innkeeper; penalties; definitions.
(a) A person who, with intent to defraud, procures food, drinkor accommodations at a public establishment without paying in accordance withhis agreement with the public establishment is guilty of:
(i) 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,if the value of the food, drink or accommodations is one thousand dollars($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the food, drink or accommodations is less than onethousand dollars ($1,000.00).
(b) As used in this section:
(i) "Agreement with a public establishment" means awritten or verbal agreement on the price charged for, and the acceptance of,food, beverages, service or accommodations, where the price charged is printedon a menu or schedule of rates shown to or made available by the publicestablishment to the patron. Acceptance of food, beverages, service oraccommodations for which a reasonable charge is made is an agreement with apublic establishment;
(ii) "Public establishment" means an establishmentselling, or offering for sale, prepared food or beverages, or leasing orrenting overnight sleeping accommodations to the public generally. "Publicestablishment" includes restaurants, cafes, dining rooms, lunch counters,coffee shops, boardinghouses, hotels, motor hotels, motels and rooming houses,unless the rental thereof is on a month-to-month basis or for a longer periodof time.
6-3-407. Obtaining property by false pretenses; penalties.
(a) A person who knowingly obtains property from another personby false pretenses with intent to defraud the person is guilty of:
(i) 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,if the value of the property is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the property is less than one thousand dollars($1,000.00).
6-3-408. Theft of services; penalties.
(a) A person who, with intent to defraud, obtains serviceswhich he knows are available only for compensation, without paying for theservices is guilty of:
(i) 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,if the value of the services is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the services is less than one thousand dollars($1,000.00).
(b) A person who tampers or otherwise interferes with orconnects to, by any means, whether mechanical, electrical, acoustical orotherwise, any cables, wires or other devices used for distribution of servicesfor the purposes of committing a violation of subsection (a) of this section isguilty of:
(i) 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,if the value of the services is one thousand dollars ($1,000.00) or more; or
(ii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the services is less than one thousand dollars($1,000.00).
(c) A person who knowingly manufactures, distributes, sells, oroffers for sale, rental or use any decoding or descrambling device or any planor kit for such device, designed with intent to facilitate an act whichconstitutes a violation of subsection (a) of this section is guilty of:
(i) 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,if the value of the services is one thousand dollars ($1,000.00) or more; or
(ii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the services is less than one thousand dollars($1,000.00).
(d) As used in this section "services" includes, butis not limited to, electric, telephone, cable television, gas, water or sewerservices.
(a) A person is guilty of a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both, if, with intent to defraud or to aidand abet another to defraud any other person of the lawful charge, in whole orin part, for any telecommunications service, he obtains, attempts to obtain oraids and abets another to obtain or to attempt to obtain any telecommunicationsservice:
(i) By charging the service to an existing telephone number orcredit card number without the authority of the subscriber thereto or thelegitimate holder thereof;
(ii) By charging the service to a nonexistent, false,fictitious, or counterfeit telephone number or credit card number or to asuspended, terminated, expired, cancelled, or revoked telephone number orcredit card number;
(iii) By use of a code, prearranged scheme, or other similarstratagem or device whereby the person, in effect, sends or receivesinformation;
(iv) By installing, rearranging, or tampering with anyfacilities or equipment, whether physically, inductively, acoustically, orelectronically; or
(v) By any other trick, stratagem, impersonation, falsepretense, false representation, false statement, contrivance, device, or means.
6-3-410. Value of property may be aggregated in certain cases.
Theamount of property involved in violations of W.S. 6-3-402 through 6-3-404 and6-3-406 through 6-3-408 committed pursuant to a common scheme or the sametransaction, whether the property is taken from the same person or different persons,may be aggregated in determining the value of the property.
6-3-411. Unlawful use of theft detection shielding devices; penalty.
(a) A person commits unlawful use of a theft detectionshielding device when he knowingly manufacturers, sells, offers for sale ordistributes any laminated or coated bag or device peculiar to shielding andintended to shield merchandise from detection by an electronic or magnetictheft alarm sensor.
(b) A person commits unlawful possession of a theft detectionshielding device when he knowingly possesses any laminated or coated bag ordevice peculiar to and designed for shielding and intended to shieldmerchandise from detection by an electronic or magnetic theft alarm sensor,with the intent to commit theft.
(c) A person commits unlawful possession of a theft detectiondevice remover when he knowingly possesses any tool or device designed to allowthe removal of any theft detection device from any merchandise without thepermission of the merchant or person owning or holding the merchandise, withthe intent to commit theft.
(d) A person commits the offense of unlawful removal of a theftdetection device when he intentionally removes the device from a product priorto purchase without the permission of the merchant or person owning or holdingthe merchandise.
(e) A person who commits any of the offenses specified undersubsections (a) through (d) of this section shall be guilty of a misdemeanorpunishable by imprisonment for not more than six (6) months, a fine of not morethan seven hundred fifty dollars ($750.00), or both.
ARTICLE 5 - COMPUTER CRIMES
6-3-501. Definitions.
(a) As used in this article:
(i) "Access" means to approach, instruct, communicatewith, store data in, retrieve data from, or otherwise make use of any resourcesof a computer, computer system or computer network;
(ii) "Computer" means an internally programmed,automatic device which performs data processing;
(iii) "Computer network" means a set of related,remotely connected devices and communication facilities including more than one(1) computer system with capability to transmit data among them throughcommunication facilities;
(iv) "Computer program" means an ordered set of datarepresenting coded instructions or statements which when executed by a computercause the computer to process data;
(v) "Computer software" means a set of computerprograms, procedures and associated documentation concerned with the operationof a computer system;
(vi) "Computer system" means a set of related,connected or unconnected, computer equipment, devices or computer software;
(vii) "Computer system services" means providing acomputer system or computer network to perform useful work;
(viii) "Financial instrument" means a check, draft,money order, certificate of deposit, letter of credit, bill of exchange, creditcard or marketable security;
(ix) "Intellectual property" means data, includingprograms;
(x) "Property" includes financial instruments,information, electronically produced data, computer software and programs inmachine-readable or human-readable form;
(xi) "Trade secret" means the whole or a portion orphase of a formula, pattern, device, combination of devices or compilation ofinformation which is for use, or is used in the operation of a business andwhich provides the business an advantage or an opportunity to obtain anadvantage over those who do not know or use it. "Trade secret"includes any scientific, technical or commercial information including any design,process, procedure, list of suppliers, list of customers, business code orimprovement thereof. Irrespective of novelty, invention, patentability, thestate of the prior art and the level of skill in the business, art or field towhich the subject matter pertains, when the owner of a trade secret takesmeasures to prevent it from becoming available to persons other than thoseselected by the owner to have access to it for limited purposes, the tradesecret is considered to be:
(A) Secret;
(B) Of value;
(C) For use or in use by the business; and
(D) Providing an advantage or an opportunity to obtain anadvantage to the business over those who do not know or use it.
6-3-502. Crimes against intellectual property; penalties.
(a) A person commits a crime against intellectual property ifhe knowingly and without authorization:
(i) Modifies data, programs or supporting documentationresiding or existing internal or external to a computer, computer system orcomputer network;
(ii) Destroys data, programs or supporting documentationresiding or existing internal or external to a computer, computer system orcomputer network;
(iii) Discloses or takes data, programs, or supportingdocumentation having a value of more than seven hundred fifty dollars ($750.00)and which is a trade secret or is confidential, as provided by law, residing orexisting internal or external to a computer, computer system or computernetwork.
(b) A crime against intellectual property is:
(i) A felony punishable by imprisonment for not more than three(3) years, a fine of not more than three thousand dollars ($3,000.00), or both,except as provided in paragraph (ii) of this subsection;
(ii) 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,if the crime is committed with the intention of devising or executing a schemeor artifice to defraud or to obtain property.
6-3-503. Crimes against computer equipment or supplies; interruptionor impairment of governmental operations or public services; penalties.
(a) A person commits a crime against computer equipment orsupplies if he knowingly and without authorization, modifies equipment orsupplies used or intended to be used in a computer, computer system or computernetwork. A crime against computer equipment or supplies is:
(i) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, except as provided in paragraph (ii) of this subsection;
(ii) 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,if the crime is committed with the intention of devising or executing a schemeor artifice to defraud or to obtain property.
(b) A person who knowingly and without authorization destroys,injures or damages a computer, computer system or computer network and therebyinterrupts or impairs governmental operations or public communication,transportation or supplies of water, gas or other public service, is guilty ofa felony punishable by imprisonment for not more than three (3) years, a fineof not more than three thousand dollars ($3,000.00), or both.
6-3-504. Crimes against computer users; penalties.
(a) A person commits a crime against computer users if heknowingly and without authorization:
(i) Accesses a computer, computer system or computer network;
(ii) Denies computer system services to an authorized user ofthe computer system services which, in whole or part, are owned by, undercontract to, or operated for, on behalf of, or in conjunction with another.
(b) A crime against computer users is:
(i) A felony punishable by imprisonment for not more than three(3) years, a fine of not more than three thousand dollars ($3,000.00), or bothexcept as provided in paragraph (ii) of this subsection;
(ii) 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,if the crime is committed with the intention of devising or executing a schemeor artifice to defraud or to obtain property.
6-3-505. This article not exclusive.
This article shall not preclude theapplication of any other provision of the criminal law of this state whichapplies, or may apply, to any violation of this article, unless the provisionis inconsistent with this article.
ARTICLE 6 - FRAUD
6-3-601. "Writing" defined.
Asused in this article "writing" means printing or any other method ofrecording information, money, coins, tokens, stamps, seals, credit cards,badges, trademarks, and other symbols of value, right, privilege oridentification.
6-3-602. Forgery; penalties.
(a) A person is guilty of forgery if, with intent to defraud,he:
(i) Alters any writing of another without authority;
(ii) Makes, completes, executes, authenticates, issues ortransfers any writing so that it purports to be the act of another who did notauthorize that act, or to have been executed at a time or place or in anumbered sequence other than was in fact the case, or to be a copy of anoriginal when no such original existed; or
(iii) Utters any writing which he knows to be forged in a mannerspecified in paragraphs (i) or (ii) of this subsection.
(b) Except as provided in subsection (c) of this section,forgery 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) Forgery is a misdemeanor punishable by imprisonment for notmore than six (6) months, a fine of not more than seven hundred fifty dollars($750.00), or both, if the writing is a:
(i) Permit required by W.S. 11-21-102 through 11-21-104; or
(ii) Number or check number placed on a car or pit car in orabout a mine.
6-3-603. Possession of forged writings and forgery devices;penalties.
(a) A person is guilty of a felony punishable by imprisonmentfor not more than five (5) years, a fine of not more than five thousand dollars($5,000.00), or both, if he:
(i) Possesses a writing knowing it is forged in a mannerspecified in W.S. 6-3-602(a)(i) or (ii) and intending to utter or pass it todefraud another person;
(ii) With intent to commit forgery, makes or knowingly possessesa die, plate, apparatus, paper, metal, machine or other thing used to forgewritings.
6-3-604. Fraud against testamentary instruments and governmentrecords; penalties; "government record" defined.
(a) A person is guilty of a felony punishable by imprisonmentfor not more than ten (10) years, a fine of not more than ten thousand dollars($10,000.00), or both, if he fraudulently steals, alters, defaces, destroys orsecretes:
(i) An executed will, codicil or other testamentary instrument;or
(ii) A part or all of a government record.
(b) As used in this section, "government record"means a record, record book, docket or journal which is authorized by law orbelongs or pertains to, or is filed with, a court of record, a circuit court orany governmental office or officer.
6-3-605. Operation of coin machine by slug or without required legaltender; manufacture or distribution of slugs; penalties; "slug"defined.
(a) A person is guilty of a misdemeanor punishable by imprisonmentfor not more than six (6) months, a fine of not more than seven hundred fiftydollars ($750.00), or both, if knowingly and without authorization, he:
(i) Operates a coin machine by use of a slug;
(ii) Obtains property or services from a coin machine withoutdepositing the amount of legal tender required by the owner of the coin machinefor the property or service.
(b) A person is guilty of a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both, if he manufactures or distributesslugs knowing or reasonably believing they will be used for fraudulent orunlawful purposes.
(c) As used in this section, "slug" means an articleor object which can be deposited in a coin machine as an improper substitutefor a genuine coin, bill or token.
6-3-606. Impersonation of a peace officer; penalties.
Aperson is guilty of impersonation of a peace officer if he falsely representshimself to be a peace officer with intent to compel action or inaction by anyperson against his will. Impersonation of a peace officer is a misdemeanorpunishable by imprisonment for not more than one (1) year, a fine of not morethan one thousand dollars ($1,000.00), or both.
6-3-607. Defrauding creditors; penalties.
(a) A mortgagor of property or a debtor who has given asecurity interest in property is guilty of defrauding creditors if he:
(i) Transfers or conceals the property in derogation of themortgagee's or secured party's interest with intent to deprive the mortgagee orsecured party of his interest;
(ii) Removes the property from the jurisdiction of the districtcourt of the county where the mortgage or security interest was given withintent to deprive the mortgagee or secured party of his interest and withoutobtaining the written consent of the mortgagee or secured party prior to theremoval; or
(iii) Changes, alters, removes, substitutes, mutilates, covers upor defaces any brand, mark, number, name, letter, character, color or othercharacteristic used to identify the property with intent to deprive themortgagee or secured party of his interest.
(b) Defrauding creditors is:
(i) 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,if the mortgagee's or secured party's interest is of a value of one thousanddollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the mortgagee's or secured party's interest is of a value of lessthan one thousand dollars ($1,000.00).
(c) The amount of the mortgagee's or secured party's interestinvolved in a violation of this section pursuant to a common scheme or the sametransaction, whether from the same or a different mortgagee or secured party,may be aggregated in determining the value of the interest.
6-3-608. Fraudulent use of materials; fraudulent obtaining of mo
6-3-101. Arson; first degree; aggravated arson; penalties.
(a) A person is guilty of first-degree arson if he maliciouslystarts a fire or causes an explosion with intent to destroy or damage anoccupied structure.
(b) First-degree arson is a felony punishable by:
(i) Imprisonment for not more than twenty (20) years;
(ii) A fine of not more than the greater of twenty thousanddollars ($20,000.00) or two (2) times the face amount of the insurance if thefire was started to cause collection of insurance for the loss; or
(iii) Both fine and imprisonment.
(c) A person is guilty of aggravated arson if he maliciouslystarts a fire or causes an explosion with intent to destroy an occupiedstructure, under circumstances evidencing reckless disregard for human life,and serious bodily injury or death occurs to another person, either at thescene or while in emergency response to the incident.
(d) Aggravated arson is a felony punishable by:
(i) Imprisonment for not more than thirty (30) years;
(ii) A fine of not more than the greater of twenty thousanddollars ($20,000.00) or two (2) times the face amount of the insurance if thefire was started to cause collection of insurance for the loss; or
(iii) Both fine and imprisonment.
6-3-102. Arson; second degree; penalties.
(a) A person is guilty of second-degree arson if he starts afire or causes an explosion with intent to destroy or damage any property tocause collection of insurance for the loss.
(b) Second-degree arson is a felony punishable by imprisonmentfor not more than ten (10) years, a fine of not more than two (2) times theface amount of the insurance, or both.
6-3-103. Arson; third degree; penalties.
(a) A person is guilty of third-degree arson if heintentionally starts a fire or causes an explosion and intentionally,recklessly or with criminal negligence:
(i) Places another in danger of bodily injury; or
(ii) Destroys or damages any property of another which has avalue of two hundred dollars ($200.00) or more.
(b) Third-degree arson is a felony punishable by imprisonmentfor not more than five (5) years, a fine of not more than five thousand dollars($5,000.00), or both.
(c) For purposes of this article, "property ofanother" means a building, or other property, whether real or personal, inwhich any person or entity other than the offender has an interest, includingan insurance or mortgage interest, which the offender has no authority todefeat or impair, even though the offender may also have an interest in thebuilding or property.
6-3-104. Arson; fourth degree; penalties.
(a) A person is guilty of fourth-degree arson if heintentionally starts a fire or causes an explosion and intentionally,recklessly or with criminal negligence destroys or damages any property ofanother as defined in W.S. 6-3-103(c) which has a value of less than two hundreddollars ($200.00).
(b) Fourth-degree arson is a misdemeanor punishable byimprisonment for not more than one (1) year, a fine of not more than sevenhundred fifty dollars ($750.00), or both.
6-3-105. Negligently burning woods, prairie or grounds; penalties.
(a) A person is guilty of a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both, if he, without permission of theowner and acting with criminal negligence:
(i) Sets fire to any woods, prairie or grounds or to anythingon any woods, prairie or grounds which is the property of another; or
(ii) Allows a fire to pass from the owner's woods, prairie orgrounds to the injury or destruction of any property of another.
6-3-106. Failure to extinguish or contain fire in woods or prairie;penalty.
Aperson is guilty of a misdemeanor punishable by a fine of not more than sevenhundred fifty dollars ($750.00) if he lights a fire in any woods or on any prairieand leaves the vicinity of the fire without extinguishing it or containing itso it does not spread and is not likely to spread.
6-3-107. Throwing burning substance from vehicle; penalties.
Aperson who throws a burning substance from a vehicle is guilty of a misdemeanorpunishable by imprisonment for not more than six (6) months, a fine of not morethan seven hundred fifty dollars ($750.00), or both.
6-3-108. Definitions for W.S. 6-3-108 through 6-3-110.
(a) As used in W.S. 6-3-108 through 6-3-110:
(i) "Authorized agency" means any of the followingagencies or officials when authorized or required to investigate or prosecutealleged arson:
(A) The state fire marshal or his designee;
(B) A county and prosecuting or district attorney;
(C) The attorney general or his designee;
(D) A fire department;
(E) A county sheriff's department, the Wyoming state highwaypatrol or municipal police department;
(F) The federal bureau of investigation or any other federalagency;
(G) The United States attorney's office; and
(H) The state insurance commissioner or his designee.
6-3-109. Information provided by insurers; notice of nonaccidentalfires; release of information; immunity.
(a) Upon receipt of a written request from an authorizedagency, an insurance company shall release to the authorized agency allinformation requested by the agency relating to a fire loss. The informationmay include:
(i) The application for the policy;
(ii) Insurance policy information relevant to the insured;
(iii) Policy premium payment records;
(iv) The insured's history of claims; and
(v) Material from an investigation of the loss, includingstatements, proof of loss and other relevant information.
(b) An insurance company which has reason to believe a fireloss was caused by other than accident shall notify an authorized agency inwriting and upon request shall provide all information developed in thecompany's inquiry into the fire loss. Notice to any authorized agency issufficient notice under W.S. 6-3-108 through 6-3-110.
(c) Upon request, an authorized agency may release to any otherauthorized agency information obtained pursuant to subsections (a) and (b) ofthis section.
(d) An insurance company which provided information to anauthorized agency pursuant to subsections (a) and (b) of this section mayrequest relevant information from an authorized agency. Within a reasonabletime, the authorized agency may provide the requested information.
(e) Any insurance company or person acting in its behalf orauthorized agency who releases information, whether oral or written, is immunefrom any liability arising out of a civil action or any penalty resulting froma criminal prosecution which occurs incident to the release of the informationunless willful misstatement, attempted duress or malice is shown.
6-3-110. Information to be held in confidence.
Anauthorized agency or insurance company which receives information pursuant toW.S. 6-3-108 through 6-3-110 shall hold the information in confidence exceptwhen release is authorized by the source of the information, by W.S. 6-3-108through 6-3-110 or by a court of competent jurisdiction.
6-3-111. Possession, manufacture, transportation and sale ofexplosives, improvised explosive device, or incendiary apparatus with unlawfulintent prohibited; penalties; definition; exception.
(a) As used in this section:
(i) "Explosive" means any chemical or mechanicalcompound, substance or mixture that is commonly used or intended to cause anexplosion and which contains any oxidizing and combustive units or otheringredients in such proportions, quantities or packing that an ignition byfire, friction, concussion, percussion or by detonation of any part of thecompound or mixture is likely to cause such a sudden generation of heated gasesthat the resultant gaseous pressures are capable of producing destructiveeffects on nearby objects, or of destroying life or limb;
(ii) "Improvised explosive device" means any device,not commercially manufactured in the ordinary course of interstate commerce,which contains explosives as defined by paragraph (i) of this subsection;
(iii) "Incendiary apparatus" means any fuse,accelerant, time delay ignition apparatus, mechanism, device or material orcombination of materials designed, devised or reasonably calculated to cause,spread or accelerate the rate of burning of a fire, or to cause additionaldamage at or by a fire, or to cause an explosion in connection with a fire;
(iv) The terms "explosive," "improvised explosivedevice" and "incendiary apparatus" shall be construed to includeand refer to any explosive, incendiary, bomb, grenade, rocket having apropellant charge of more than four (4) ounces, missile having an explosive orincendiary charge of more than one-quarter (1/4) ounce, mine or similar devicecontaining or represented to contain any poison gas, nerve gas, biologicalagent or other chemical or substance capable of causing death or seriousphysical injury.
(b) Any person who possesses, manufactures, transports, sellsor delivers to another person any explosive, improvised explosive device, orincendiary apparatus, with the intent unlawfully to endanger the life orphysical well being of another, to commit assault or battery or to inflictbodily harm or injury upon the person of another, or with the intent to assistanother person to do the same, is guilty of a felony. Upon conviction, he shallbe punished by imprisonment for not more than ten (10) years, a fine of notmore than ten thousand dollars ($10,000.00), or both.
(c) Any person who possesses, manufactures, transports, sellsor delivers to another person any explosive, improvised explosive device, orincendiary apparatus, with the intent to cause injury or damage to the propertyof another as defined in W.S. 6-3-103(c), or with the intent to assist anotherperson to do the same, is guilty of a felony. Upon conviction, he shall bepunished by imprisonment for not more than five (5) years, a fine of not morethan five thousand dollars ($5,000.00), or both.
(d) A person is guilty of intimidation by explosive device ifhe knowingly, and with the intent to threaten, intimidate or terrorize anotherperson, uses any object or material and represents it to be an explosive, improvisedexplosive device or incendiary apparatus, and thereby places another person inreasonable fear of imminent physical harm. Upon conviction he shall be punishedby imprisonment for not more than five (5) years, a fine of not more than tenthousand dollars ($10,000.00), or both.
(e) Nothing contained in this section shall be construed toapply to any law enforcement officer if performed in the lawful performance ofhis official duties, nor to any person customarily engaged in the lawfulbusiness of manufacture, transportation, sale or use of such materials anddevices, if performed in the ordinary course of business and without thecriminal intent described in this section, nor to any person actually andlawfully engaged in demolition activity on a ranch, farm or construction sitewith the authority of the owner thereof, and acting without the criminal intentdescribed in this section.
6-3-112. Preventing or obstructing extinguishment of fire;interference with firefighter; penalties.
(a) A person who willfully injures, destroys, removes or in anymanner interferes with the use of any vehicle, tools, equipment, watersupplies, hydrants, towers, buildings, communications facilities, or otherinstruments or facilities used in the detection, reporting, suppression orextinguishing of fire is guilty of a misdemeanor. Upon conviction, he shall bepunished by imprisonment for not more than one (1) year, a fine of not morethan one thousand dollars ($1,000.00), or both.
(b) A person who willfully and unreasonably hinders orinterferes with a firefighter in the performance of his official duties, orattempts to do so with the intention of interfering with the firefightingeffort, is guilty of a misdemeanor and, upon conviction, shall be punished by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both.
ARTICLE 2 - PROPERTY DESTRUCTION AND DEFACEMENT
6-3-201. Property destruction and defacement; grading; penalties;aggregated costs or values.
(a) A person is guilty of property destruction and defacementif he knowingly defaces, injures or destroys property of another without theowner's consent.
(b) Property destruction and defacement is:
(i) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the cost of restoring injured property or the value of the propertyif destroyed is less than one thousand dollars ($1,000.00);
(ii) Repealed by Laws 1985, ch. 44, 2.
(iii) 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,if the cost of restoring injured property or the value of the property ifdestroyed is one thousand dollars ($1,000.00) or more.
(c) If a series of injuries results from a single continuingcourse of conduct, a single violation of this section may be charged andpenalties imposed based upon the aggregate cost or value of the property injuredor destroyed.
6-3-202. Altering landmarks; penalties.
(a) A person is guilty of altering landmarks if, with intent todestroy or deface the mark on a monument, landmark or bearing-tree designatingthe corner or boundary of a tract of land, he knowingly:
(i) Displaces the monument or landmark;
(ii) Defaces or alters the mark; or
(iii) Breaks, cuts down or removes the monument, landmark orbearing-tree.
(b) Altering landmarks is a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both.
6-3-203. Cruelty to animals; penalties; limitation on manner ofdestruction.
(a) A person commits cruelty to animals if he knowingly andwith intent to cause death, injury or undue suffering:
(i) Overrides an animal or drives an animal when overloaded; or
(ii) Unnecessarily or cruelly beats, tortures, torments,injures, mutilates or attempts to kill an animal; or
(iii) Carries an animal in a manner that poses undue risk ofinjury or death.
(b) A person commits cruelty to animals if he has the chargeand custody of any animal and unnecessarily fails to provide it with the properfood, drink or protection from the weather, or cruelly abandons the animal, orin the case of immediate, obvious, serious illness or injury, fails to providethe animal with appropriate care.
(c) A person commits aggravated cruelty to animals if he:
(i) Repealed by Laws 1987, ch. 91, 2.
(ii) Owns, possesses, keeps or trains fowls or dogs with theintent to allow the dog or fowl to engage in an exhibition of fighting withanother dog or fowl;
(iii) Repealed by Laws 1987, ch. 91, 2.
(iv) For gain causes or allows any dog or fowl to fight withanother dog or fowl;
(v) Knowingly permits any act prohibited under paragraphs (ii)or (iv) of this subsection on any premises under his charge or control; or
(vi) Promotes any act prohibited under paragraphs (ii) or (iv)of this subsection.
(d) A person shall not destroy an animal by the use of ahigh-altitude decompression chamber or a carbon monoxide gas chamber utilizinga gasoline engine. This subsection is uniformly applicable to all cities andtowns.
(e) Unless punishable under subsection (n) of this section, aviolation of this section is a misdemeanor punishable by imprisonment for notmore than six (6) months, a fine of not more than seven hundred fifty dollars($750.00), or both except that a subsequent offense is a high misdemeanorpunishable by not more than one (1) year imprisonment, a fine of not more thanfive thousand dollars ($5,000.00), or both.
(f) Nothing in subsection (c) of this section may be construedto prohibit:
(i) The use of dogs in the management of livestock by the ownerof the livestock, his employees or agents or other persons in lawful custody ofthe livestock;
(ii) The use of dogs or raptors in hunting; or
(iii) The training of dogs or raptors or the use of equipment inthe training of dogs or raptors for any purpose not prohibited by law;
(iv) Repealed By Laws 2000, Ch. 86, 2.
(v) Repealed By Laws 2000, Ch. 86, 2.
(vi) Repealed By Laws 2000, Ch. 86, 2.
(g) A person commits cruelty to animals if he is knowinglypresent at any place where an exhibition of fighting of fowls or dogs isoccurring for amusement or gain.
(h) If a person convicted of a violation of this section isalso the owner of the animal, the court may require the person to forfeitownership of the animal to the county in which the person is convicted. Thissubsection shall not affect the interest of any secured party or other personwho has not participated in the offense.
(j) In addition to any sentence and penalties imposed undersubsections (e), (h) and (n) of this section, the court may:
(i) Require the defendant to pay all reasonable costs incurredin providing necessary food and water, veterinary attention and treatment forany animal affected; and
(ii) Prohibit or limit the defendant's ownership, possession orcustody of animals, as the court deems appropriate.
(k) Each animal affected by the defendant's conduct mayconstitute a separate count for the purposes of prosecution, conviction,sentencing and penalties under this section.
(m) Nothing in subsection (a), (b) or (n) of this section shallbe construed to prohibit:
(i) A person from humanely destroying an animal;
(ii) The use of industry accepted agricultural and livestockpractices on livestock;
(iii) Rodeo events, whether the event is performed in a rodeo,jackpot or otherwise; or
(iv) The hunting, capture or destruction of any predatory animalor other wildlife in any manner not otherwise prohibited by law.
(n) A person commits a felony if he commits aggravated crueltyto animals as defined in subsection (c) of this section or knowingly and withintent to cause death, injury or undue suffering, cruelly beats, tortures,torments, injures or mutilates an animal resulting in the death or requiredeuthanasia of the animal. A felony under this subsection or subsection (c) of thissection is punishable by not more than two (2) years imprisonment, a fine ofnot more than five thousand dollars ($5,000.00), or both.
6-3-204. Littering; penalties.
(a) A person is guilty of littering if he places, throws,scatters or deposits garbage, debris, refuse or waste material, objects orsubstances, including abandoned or junked vehicles, upon the property ofanother. Operators of motor vehicles are responsible under this section for thedisposition or ejection of garbage, debris or other material from the vehiclewhile the vehicle is being operated on the roads or highways of this state.
(b) This section does not apply to discharges which areregulated, controlled or limited by air, land or water quality laws orregulations.
(c) Littering is a misdemeanor punishable by imprisonment fornot more than six (6) months, a fine of not more than seven hundred fiftydollars ($750.00), or both. Littering, involving the disposal of a containerwith body fluids along a highway right of way, is a misdemeanor punishable byimprisonment for not more than nine (9) months, a fine of not more than onethousand dollars ($1,000.00), or both. The court may suspend all or a part ofa sentence imposed under this section and require the person convicted oflittering to perform up to forty (40) hours of labor in the form of cleaninglitter debris from public roads, parks or other public areas or facilities.
(d) In addition to any other peace officer, game and fish lawenforcement personnel qualified pursuant to W.S. 9-1-701 through 9-1-707 areauthorized to enforce the provisions of this section.
(a) A person is guilty of burglary if, without authority, he entersor remains in a building, occupied structure or vehicle, or separately securedor occupied portion thereof, with intent to commit larceny or a felony therein.
(b) Except as provided in subsection (c) of this section,burglary 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) Aggravated burglary is a felony punishable by imprisonmentfor not less than five (5) years nor more than twenty-five (25) years, a fineof not more than fifty thousand dollars ($50,000.00), or both, if, in thecourse of committing the crime of burglary, the person:
(i) Is or becomes armed with or uses a deadly weapon or asimulated deadly weapon;
(ii) Knowingly or recklessly inflicts bodily injury on anyone;or
(iii) Attempts to inflict bodily injury on anyone.
(d) As used in this section "in the course of committingthe crime" includes the time during which an attempt to commit the crimeor in which flight after the attempt or commission occurred.
(a) A person is guilty of criminal entry if, without authority,he knowingly enters a building, occupied structure, vehicle or cargo portion ofa truck or trailer, or a separately secured or occupied portion of thoseenclosures.
(b) It is an affirmative defense to prosecution under thissection that:
(i) The entry was made because of a mistake of fact or topreserve life or property in an emergency;
(ii) The enclosure was abandoned;
(iii) The enclosure was at the time open to the public and theperson complied with all lawful conditions imposed on access to or remaining inthe enclosure; or
(iv) The person reasonably believed that the owner of theenclosure, or other person empowered to license access to the enclosure, wouldhave authorized him to enter.
(c) Criminal entry is a misdemeanor punishable by imprisonmentfor not more than six (6) months, a fine of not more than seven hundred fiftydollars ($750.00), or both.
6-3-303. Criminal trespass; penalties.
(a) A person is guilty of criminal trespass if he enters orremains on or in the land or premises of another person, knowing he is notauthorized to do so, or after being notified to depart or to not trespass. Forpurposes of this section, notice is given by:
(i) Personal communication to the person by the owner oroccupant, or his agent, or by a peace officer; or
(ii) Posting of signs reasonably likely to come to the attentionof intruders.
(b) Criminal trespass is a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both.
(c) This section does not supersede W.S. 1-21-1003.
6-3-304. Possession of burglar's tools; penalties.
(a) A person is guilty of possession of burglar's tools if hepossesses an explosive, tool, instrument or other article adapted, designed orcommonly used for committing or facilitating the commission of a crimeinvolving forcible entry into buildings or occupied structures with intent touse the article possessed in the commission of such a crime.
(b) Possession of burglar's tools is a felony punishable byimprisonment for not more than three (3) years, a fine of not more than threethousand dollars ($3,000.00), or both.
6-3-305. Breaking, opening or entering of coin machine with intent tocommit larceny; penalties.
Aperson is guilty of a misdemeanor punishable by imprisonment for not more thanone (1) year, a fine of not more than one thousand dollars ($1,000.00), orboth, if he breaks, opens or enters a coin machine with intent to commitlarceny.
6-3-306. Forcible entry or detainer; penalty.
Aperson is guilty of a misdemeanor punishable by a fine of not more than sevenhundred fifty dollars ($750.00), if he violently takes or keeps possession ofland without authority of law.
ARTICLE 4 - LARCENY AND RELATED OFFENSES
6-3-401. Definitions.
(a) As used in this article:
(i) "Bailee" means a person other than the owner ofproperty who rightfully possesses property;
(ii) "Deprive" means:
(A) To withhold property of another permanently or for soextended a period as to appropriate a major portion of its economic value orwith intent to restore only upon payment of reward or other compensation; or
(B) To dispose of the property so as to make it unlikely thatthe owner will recover it.
(iii) "This article" means W.S. 6-3-401 through6-3-411.
6-3-402. Larceny; livestock rustling; theft of fuel; penalties.
(a) A person who steals, takes and carries, leads or drivesaway property of another with intent to deprive the owner or lawful possessoris guilty of larceny.
(b) A bailee, a public servant as defined by W.S.6-5-101(a)(vi) or any person entrusted with the control, care or custody of anymoney or other property who, with intent to steal or to deprive the owner ofthe property, converts the property to his own or another's use is guilty oflarceny.
(c) Except as provided by subsections (e) and (f) of thissection, larceny is:
(i) 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,if the value of the property is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the property is less than one thousand dollars($1,000.00).
(d) Conduct denoted larceny in this section constitutes asingle offense embracing the separate crimes formerly known as larceny, larcenyby bailee or embezzlement.
(e) A person who steals any horse, mule, sheep, cattle, buffaloor swine is guilty of livestock rustling which is a felony punishable byimprisonment for not more than ten (10) years, a fine of not more than tenthousand dollars ($10,000.00), or both.
(f) A person who causes a motor vehicle to leave the premisesof an establishment at which motor vehicle fuel is offered for retail salewithout the person making full payment for motor fuel that was dispensed intothe fuel tank of a motor vehicle or into another container is guilty oflarceny. Any person convicted of a second or subsequent offense under thissubsection shall have his driver's license suspended pursuant to W.S. 31-7-128.The court shall forward to the department of transportation a copy of therecord pertaining to disposition of the arrest or citation. In addition:
(i) A first conviction under this subsection is punishable by afine of not more than seven hundred fifty dollars ($750.00), imprisonment fornot more than six (6) months, or both;
(ii) A second or subsequent conviction under this subsection ispunishable by a fine of not more than one thousand dollars ($1,000.00),imprisonment for not more than six (6) months, or both.
6-3-403. Wrongful taking or disposing of property; venue ofindictment.
(a) A person who buys, receives, conceals or disposes ofproperty which he knows, believes or has reasonable cause to believe wasobtained in violation of law is guilty of:
(i) 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,if the value of the property is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the property is less than one thousand dollars($1,000.00).
(b) A person may be indicted under this section in the countywhere he received or possessed the property, notwithstanding the wrongfultaking occurred in another county.
6-3-404. Shoplifting; altering or removing price tags and markers;penalties.
(a) A person who willfully conceals or takes possession ofproperty offered for sale by a wholesale or retail store without the knowledgeor consent of the owner and with intent to convert the property to his own usewithout paying the purchase price is guilty of:
(i) 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,if the value of the property is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the property is less than one thousand dollars($1,000.00).
(b) A person who alters, defaces, changes or removes a pricetag or marker on or about property offered for sale by a wholesale or retailstore with intent to obtain the property at less than the marked or listedprice is guilty of:
(i) 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,if the difference between the marked or listed price and the amount actuallypaid is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the difference between the marked or listed price and the amountactually paid is less than one thousand dollars ($1,000.00).
6-3-405. Reasonable detention and interrogation of persons suspectedof shoplifting or altering price tag; defense in civil or criminal action.
(a) A peace officer, merchant or merchant's employee who hasreasonable cause to believe a person is violating W.S. 6-3-404 may detain andinterrogate the person in regard to the suspected violation in a reasonablemanner and for a reasonable time.
(b) In a civil or criminal action for slander, false arrest,false imprisonment, assault, battery or wrongful detention based upon adetention and interrogation pursuant to this section, it is a defense that thepeace officer, merchant or merchant's employee had reasonable cause to believethe person was violating W.S. 6-3-404 and the detention and interrogation wereconducted in a reasonable manner and for a reasonable time.
6-3-406. Defrauding an innkeeper; penalties; definitions.
(a) A person who, with intent to defraud, procures food, drinkor accommodations at a public establishment without paying in accordance withhis agreement with the public establishment is guilty of:
(i) 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,if the value of the food, drink or accommodations is one thousand dollars($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the food, drink or accommodations is less than onethousand dollars ($1,000.00).
(b) As used in this section:
(i) "Agreement with a public establishment" means awritten or verbal agreement on the price charged for, and the acceptance of,food, beverages, service or accommodations, where the price charged is printedon a menu or schedule of rates shown to or made available by the publicestablishment to the patron. Acceptance of food, beverages, service oraccommodations for which a reasonable charge is made is an agreement with apublic establishment;
(ii) "Public establishment" means an establishmentselling, or offering for sale, prepared food or beverages, or leasing orrenting overnight sleeping accommodations to the public generally. "Publicestablishment" includes restaurants, cafes, dining rooms, lunch counters,coffee shops, boardinghouses, hotels, motor hotels, motels and rooming houses,unless the rental thereof is on a month-to-month basis or for a longer periodof time.
6-3-407. Obtaining property by false pretenses; penalties.
(a) A person who knowingly obtains property from another personby false pretenses with intent to defraud the person is guilty of:
(i) 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,if the value of the property is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the property is less than one thousand dollars($1,000.00).
6-3-408. Theft of services; penalties.
(a) A person who, with intent to defraud, obtains serviceswhich he knows are available only for compensation, without paying for theservices is guilty of:
(i) 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,if the value of the services is one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the services is less than one thousand dollars($1,000.00).
(b) A person who tampers or otherwise interferes with orconnects to, by any means, whether mechanical, electrical, acoustical orotherwise, any cables, wires or other devices used for distribution of servicesfor the purposes of committing a violation of subsection (a) of this section isguilty of:
(i) 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,if the value of the services is one thousand dollars ($1,000.00) or more; or
(ii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the services is less than one thousand dollars($1,000.00).
(c) A person who knowingly manufactures, distributes, sells, oroffers for sale, rental or use any decoding or descrambling device or any planor kit for such device, designed with intent to facilitate an act whichconstitutes a violation of subsection (a) of this section is guilty of:
(i) 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,if the value of the services is one thousand dollars ($1,000.00) or more; or
(ii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the value of the services is less than one thousand dollars($1,000.00).
(d) As used in this section "services" includes, butis not limited to, electric, telephone, cable television, gas, water or sewerservices.
(a) A person is guilty of a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both, if, with intent to defraud or to aidand abet another to defraud any other person of the lawful charge, in whole orin part, for any telecommunications service, he obtains, attempts to obtain oraids and abets another to obtain or to attempt to obtain any telecommunicationsservice:
(i) By charging the service to an existing telephone number orcredit card number without the authority of the subscriber thereto or thelegitimate holder thereof;
(ii) By charging the service to a nonexistent, false,fictitious, or counterfeit telephone number or credit card number or to asuspended, terminated, expired, cancelled, or revoked telephone number orcredit card number;
(iii) By use of a code, prearranged scheme, or other similarstratagem or device whereby the person, in effect, sends or receivesinformation;
(iv) By installing, rearranging, or tampering with anyfacilities or equipment, whether physically, inductively, acoustically, orelectronically; or
(v) By any other trick, stratagem, impersonation, falsepretense, false representation, false statement, contrivance, device, or means.
6-3-410. Value of property may be aggregated in certain cases.
Theamount of property involved in violations of W.S. 6-3-402 through 6-3-404 and6-3-406 through 6-3-408 committed pursuant to a common scheme or the sametransaction, whether the property is taken from the same person or different persons,may be aggregated in determining the value of the property.
6-3-411. Unlawful use of theft detection shielding devices; penalty.
(a) A person commits unlawful use of a theft detectionshielding device when he knowingly manufacturers, sells, offers for sale ordistributes any laminated or coated bag or device peculiar to shielding andintended to shield merchandise from detection by an electronic or magnetictheft alarm sensor.
(b) A person commits unlawful possession of a theft detectionshielding device when he knowingly possesses any laminated or coated bag ordevice peculiar to and designed for shielding and intended to shieldmerchandise from detection by an electronic or magnetic theft alarm sensor,with the intent to commit theft.
(c) A person commits unlawful possession of a theft detectiondevice remover when he knowingly possesses any tool or device designed to allowthe removal of any theft detection device from any merchandise without thepermission of the merchant or person owning or holding the merchandise, withthe intent to commit theft.
(d) A person commits the offense of unlawful removal of a theftdetection device when he intentionally removes the device from a product priorto purchase without the permission of the merchant or person owning or holdingthe merchandise.
(e) A person who commits any of the offenses specified undersubsections (a) through (d) of this section shall be guilty of a misdemeanorpunishable by imprisonment for not more than six (6) months, a fine of not morethan seven hundred fifty dollars ($750.00), or both.
ARTICLE 5 - COMPUTER CRIMES
6-3-501. Definitions.
(a) As used in this article:
(i) "Access" means to approach, instruct, communicatewith, store data in, retrieve data from, or otherwise make use of any resourcesof a computer, computer system or computer network;
(ii) "Computer" means an internally programmed,automatic device which performs data processing;
(iii) "Computer network" means a set of related,remotely connected devices and communication facilities including more than one(1) computer system with capability to transmit data among them throughcommunication facilities;
(iv) "Computer program" means an ordered set of datarepresenting coded instructions or statements which when executed by a computercause the computer to process data;
(v) "Computer software" means a set of computerprograms, procedures and associated documentation concerned with the operationof a computer system;
(vi) "Computer system" means a set of related,connected or unconnected, computer equipment, devices or computer software;
(vii) "Computer system services" means providing acomputer system or computer network to perform useful work;
(viii) "Financial instrument" means a check, draft,money order, certificate of deposit, letter of credit, bill of exchange, creditcard or marketable security;
(ix) "Intellectual property" means data, includingprograms;
(x) "Property" includes financial instruments,information, electronically produced data, computer software and programs inmachine-readable or human-readable form;
(xi) "Trade secret" means the whole or a portion orphase of a formula, pattern, device, combination of devices or compilation ofinformation which is for use, or is used in the operation of a business andwhich provides the business an advantage or an opportunity to obtain anadvantage over those who do not know or use it. "Trade secret"includes any scientific, technical or commercial information including any design,process, procedure, list of suppliers, list of customers, business code orimprovement thereof. Irrespective of novelty, invention, patentability, thestate of the prior art and the level of skill in the business, art or field towhich the subject matter pertains, when the owner of a trade secret takesmeasures to prevent it from becoming available to persons other than thoseselected by the owner to have access to it for limited purposes, the tradesecret is considered to be:
(A) Secret;
(B) Of value;
(C) For use or in use by the business; and
(D) Providing an advantage or an opportunity to obtain anadvantage to the business over those who do not know or use it.
6-3-502. Crimes against intellectual property; penalties.
(a) A person commits a crime against intellectual property ifhe knowingly and without authorization:
(i) Modifies data, programs or supporting documentationresiding or existing internal or external to a computer, computer system orcomputer network;
(ii) Destroys data, programs or supporting documentationresiding or existing internal or external to a computer, computer system orcomputer network;
(iii) Discloses or takes data, programs, or supportingdocumentation having a value of more than seven hundred fifty dollars ($750.00)and which is a trade secret or is confidential, as provided by law, residing orexisting internal or external to a computer, computer system or computernetwork.
(b) A crime against intellectual property is:
(i) A felony punishable by imprisonment for not more than three(3) years, a fine of not more than three thousand dollars ($3,000.00), or both,except as provided in paragraph (ii) of this subsection;
(ii) 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,if the crime is committed with the intention of devising or executing a schemeor artifice to defraud or to obtain property.
6-3-503. Crimes against computer equipment or supplies; interruptionor impairment of governmental operations or public services; penalties.
(a) A person commits a crime against computer equipment orsupplies if he knowingly and without authorization, modifies equipment orsupplies used or intended to be used in a computer, computer system or computernetwork. A crime against computer equipment or supplies is:
(i) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, except as provided in paragraph (ii) of this subsection;
(ii) 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,if the crime is committed with the intention of devising or executing a schemeor artifice to defraud or to obtain property.
(b) A person who knowingly and without authorization destroys,injures or damages a computer, computer system or computer network and therebyinterrupts or impairs governmental operations or public communication,transportation or supplies of water, gas or other public service, is guilty ofa felony punishable by imprisonment for not more than three (3) years, a fineof not more than three thousand dollars ($3,000.00), or both.
6-3-504. Crimes against computer users; penalties.
(a) A person commits a crime against computer users if heknowingly and without authorization:
(i) Accesses a computer, computer system or computer network;
(ii) Denies computer system services to an authorized user ofthe computer system services which, in whole or part, are owned by, undercontract to, or operated for, on behalf of, or in conjunction with another.
(b) A crime against computer users is:
(i) A felony punishable by imprisonment for not more than three(3) years, a fine of not more than three thousand dollars ($3,000.00), or bothexcept as provided in paragraph (ii) of this subsection;
(ii) 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,if the crime is committed with the intention of devising or executing a schemeor artifice to defraud or to obtain property.
6-3-505. This article not exclusive.
This article shall not preclude theapplication of any other provision of the criminal law of this state whichapplies, or may apply, to any violation of this article, unless the provisionis inconsistent with this article.
ARTICLE 6 - FRAUD
6-3-601. "Writing" defined.
Asused in this article "writing" means printing or any other method ofrecording information, money, coins, tokens, stamps, seals, credit cards,badges, trademarks, and other symbols of value, right, privilege oridentification.
6-3-602. Forgery; penalties.
(a) A person is guilty of forgery if, with intent to defraud,he:
(i) Alters any writing of another without authority;
(ii) Makes, completes, executes, authenticates, issues ortransfers any writing so that it purports to be the act of another who did notauthorize that act, or to have been executed at a time or place or in anumbered sequence other than was in fact the case, or to be a copy of anoriginal when no such original existed; or
(iii) Utters any writing which he knows to be forged in a mannerspecified in paragraphs (i) or (ii) of this subsection.
(b) Except as provided in subsection (c) of this section,forgery 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) Forgery is a misdemeanor punishable by imprisonment for notmore than six (6) months, a fine of not more than seven hundred fifty dollars($750.00), or both, if the writing is a:
(i) Permit required by W.S. 11-21-102 through 11-21-104; or
(ii) Number or check number placed on a car or pit car in orabout a mine.
6-3-603. Possession of forged writings and forgery devices;penalties.
(a) A person is guilty of a felony punishable by imprisonmentfor not more than five (5) years, a fine of not more than five thousand dollars($5,000.00), or both, if he:
(i) Possesses a writing knowing it is forged in a mannerspecified in W.S. 6-3-602(a)(i) or (ii) and intending to utter or pass it todefraud another person;
(ii) With intent to commit forgery, makes or knowingly possessesa die, plate, apparatus, paper, metal, machine or other thing used to forgewritings.
6-3-604. Fraud against testamentary instruments and governmentrecords; penalties; "government record" defined.
(a) A person is guilty of a felony punishable by imprisonmentfor not more than ten (10) years, a fine of not more than ten thousand dollars($10,000.00), or both, if he fraudulently steals, alters, defaces, destroys orsecretes:
(i) An executed will, codicil or other testamentary instrument;or
(ii) A part or all of a government record.
(b) As used in this section, "government record"means a record, record book, docket or journal which is authorized by law orbelongs or pertains to, or is filed with, a court of record, a circuit court orany governmental office or officer.
6-3-605. Operation of coin machine by slug or without required legaltender; manufacture or distribution of slugs; penalties; "slug"defined.
(a) A person is guilty of a misdemeanor punishable by imprisonmentfor not more than six (6) months, a fine of not more than seven hundred fiftydollars ($750.00), or both, if knowingly and without authorization, he:
(i) Operates a coin machine by use of a slug;
(ii) Obtains property or services from a coin machine withoutdepositing the amount of legal tender required by the owner of the coin machinefor the property or service.
(b) A person is guilty of a misdemeanor punishable byimprisonment for not more than six (6) months, a fine of not more than sevenhundred fifty dollars ($750.00), or both, if he manufactures or distributesslugs knowing or reasonably believing they will be used for fraudulent orunlawful purposes.
(c) As used in this section, "slug" means an articleor object which can be deposited in a coin machine as an improper substitutefor a genuine coin, bill or token.
6-3-606. Impersonation of a peace officer; penalties.
Aperson is guilty of impersonation of a peace officer if he falsely representshimself to be a peace officer with intent to compel action or inaction by anyperson against his will. Impersonation of a peace officer is a misdemeanorpunishable by imprisonment for not more than one (1) year, a fine of not morethan one thousand dollars ($1,000.00), or both.
6-3-607. Defrauding creditors; penalties.
(a) A mortgagor of property or a debtor who has given asecurity interest in property is guilty of defrauding creditors if he:
(i) Transfers or conceals the property in derogation of themortgagee's or secured party's interest with intent to deprive the mortgagee orsecured party of his interest;
(ii) Removes the property from the jurisdiction of the districtcourt of the county where the mortgage or security interest was given withintent to deprive the mortgagee or secured party of his interest and withoutobtaining the written consent of the mortgagee or secured party prior to theremoval; or
(iii) Changes, alters, removes, substitutes, mutilates, covers upor defaces any brand, mark, number, name, letter, character, color or othercharacteristic used to identify the property with intent to deprive themortgagee or secured party of his interest.
(b) Defrauding creditors is:
(i) 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,if the mortgagee's or secured party's interest is of a value of one thousanddollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, 3.
(iii) A misdemeanor punishable by imprisonment for not more thansix (6) months, a fine of not more than seven hundred fifty dollars ($750.00),or both, if the mortgagee's or secured party's interest is of a value of lessthan one thousand dollars ($1,000.00).
(c) The amount of the mortgagee's or secured party's interestinvolved in a violation of this section pursuant to a common scheme or the sametransaction, whether from the same or a different mortgagee or secured party,may be aggregated in determining the value of the interest.
6-3-608. Fraudulent use of materials; fraudulent obtaining of mo
