State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter1

CHAPTER 1 - GENERAL PROVISIONS

 

ARTICLE 1 - IN GENERAL

 

6-1-101. Short title; applicability of provisions; conflictingpenalties.

 

(a) This act may be cited as the Wyoming Criminal Code.

 

(b) This act does not apply to crimes committed prior to theeffective date of this act. Prosecutions for a crime shall be governed by thelaw in effect on the date when the crime occurred. A crime was committed priorto the effective date of this act if any of the elements of the crime occurredprior to the effective date of this act.

 

(c) In a case pending on or after the effective date of thisact, involving a crime committed prior to the effective date, if the penaltyunder this act for the crime is different from the penalty under prior law, thecourt shall impose the lesser sentence.

 

6-1-102. Common-law crimes abolished; common-law defenses retained.

 

(a) Common-law crimes are abolished. No conduct constitutes acrime unless it is described as a crime in this act or in another statute ofthis state. This section does not limit the power of the court to:

 

(i) Punish for contempt or to employ any sanction authorized bylaw for the enforcement of an order lawfully entered or a civil judgment ordecree; or

 

(ii) Use case law as an interpretive aid and in the constructionof this act.

 

(b) Common-law defenses are retained unless otherwise providedby this act.

 

6-1-103. Civil recovery for criminal act; conviction as evidence incivil suit.

 

(a) Nothing in this act prevents a party whose person orproperty is injured by a criminal act from recovering full damages.

 

(b) No record of a conviction, unless it was obtained byconfession in open court, shall be used as evidence in an action brought to recoverdamages.

 

6-1-104. Definitions.

 

(a) As used in this act, unless otherwise defined:

 

(i) "Bodily injury" means physical pain, illness orany impairment of physical condition;

 

(ii) "Coin machine" means a mechanical or electronicdevice or receptacle designed to:

 

(A) Receive a coin, bill or token made for that purpose; and

 

(B) Automatically offer, provide or assist in providing orpermit the acquisition of property or service in return for the insertion ofthe coin, bill or token.

 

(iii) "Criminal negligence" is defined as the followingconduct: A person acts with criminal negligence when, through a grossdeviation from the standard of care that a reasonable person would exercise, hefails to perceive a substantial and unjustifiable risk that the harm he isaccused of causing will occur, and the harm results. The risk shall be of suchnature and degree that the failure to perceive it constitutes a gross deviationfrom the standard of care that a reasonable person would observe in the situation;

 

(iv) "Deadly weapon" means but is not limited to afirearm, explosive or incendiary material, motorized vehicle, an animal orother device, instrument, material or substance, which in the manner it is usedor is intended to be used is reasonably capable of producing death or seriousbodily injury;

 

(v) "Occupied structure" means a structure or vehiclewhether or not a person is actually present:

 

(A) Where any person lives or carries on business or othercalling;

 

(B) Where people assemble for purposes of business, government,education, religion, entertainment or public transportation;

 

(C) Which is used for overnight accommodation of persons; or

 

(D) In which a person may reasonably be expected to be present.

 

(vi) "Peace officer" includes the following officersassigned to duty in the state of Wyoming:

 

(A) Any duly authorized sheriff, under sheriff or deputysheriff;

 

(B) Any duly authorized member of a municipal police force, acollege or university campus police force or the Wyoming highway patrol;

 

(C) Game and fish law enforcement personnel qualified pursuantto W.S. 9-1-701 through 9-1-707 and:

 

(I) When enforcing felony statutes following observation ordiscovery of the commission of a felony which was observed or discovered duringthe performance of their statutory duties;

 

(II) While responding to requests to assist other peace officersperforming their official duties or when enforcing a valid arrest warrant forany crime; or

 

(III) When enforcing any provision of title 23 and chapter 13 oftitle 41, any rule and regulation promulgated by the Wyoming game and fishcommission or any other statute for which they are granted statutoryenforcement authority.

 

(D) Agents of the division of criminal investigation appointedpursuant to W.S. 9-1-613 who have qualified pursuant to W.S. 9-1-701 through9-1-707;

 

(E) Any duly authorized arson investigator employed by thestate fire marshal;

 

(F) Investigators and brand inspectors of the Wyoming livestockboard who have qualified pursuant to W.S. 9-1-701 through 9-1-707 when:

 

(I) Enforcing W.S. 6-3-201, 6-3-203, 6-3-401 through 6-3-403,6-3-407, 6-3-410, 6-3-601 through 6-3-603, 6-3-607, 6-3-610 through 6-3-612,6-9-202, 35-10-101, 35-10-102 and 35-10-104, the provisions of title 11 and anylaws prohibiting theft or mutilation of livestock or any part thereof and anyrule or regulation promulgated by the Wyoming livestock board or any other lawfor which they are granted statutory enforcement authority;

 

(II) Responding to a request to assist another peace officer asdefined in this paragraph performing his official duty; or

 

(III) Enforcing a valid arrest warrant for a crime specified insubdivision (F)(I) of this paragraph.

 

(G) Federal law enforcement agents;

 

(H) Investigators employed by the Wyoming state board ofoutfitters and professional guides and qualified pursuant to W.S. 9-1-701through 9-1-707, when enforcing W.S. 23-2-401 and 23-2-406 through 23-2-418 andboard rules and regulations promulgated under W.S. 23-2-410(a)(ii);

 

(J) Any duly authorized detention officer who has qualifiedpursuant to W.S. 9-1-701 through 9-1-707, when engaged in the performance ofhis duties;

 

(K) Any person employed by the state department of correctionson a full-time basis as a correctional officer to care for, supervise andcontrol persons under the custody of the department, when the person is engagedin the performance of his duties;

 

(M) Any peace officer certified by another state who has beenappointed as a special deputy sheriff of a Wyoming county pursuant to W.S.18-3-602(c);

 

(N) Certified law enforcement officers of an adjoining statewhile responding to a request for assistance from a peace officer in this statepursuant to the "Law Enforcement Interstate Mutual Aid Act" or otherlawful request;

 

(O) The director and full-time staff instructors of the Wyominglaw enforcement academy when duly appointed and acting pursuant to W.S.9-1-633(b);

 

(P) Any superintendent, assistant superintendent or full-timepark ranger of any state park, state recreation area, state archeological siteor state historic site who has qualified pursuant to W.S. 9-1-701 through9-1-707, when acting within the boundaries of the state park, state recreationarea, state archeological site or state historic site or when responding to arequest to assist other peace officers acting within the scope of theirofficial duties in their own jurisdiction; and

 

(Q) Any duly authorized court security officer employed by theWyoming supreme court who is qualified pursuant to W.S. 9-1-701 through 9-1-707when:

 

(I) Enforcing Wyoming statutes or supreme court rules onpremises where the supreme court is conducting business;

 

(II) In fresh pursuit of a person whom the officer has probablecause to believe has committed within the officer's jurisdiction a violation ofa state statute, or for whom an arrest warrant is outstanding for any criminaloffense; or

 

(III) When responding to a request to assist other peace officersacting within the scope of their official duties in their own jurisdiction.

 

(vii) "Person" includes an individual, partnership,corporation, joint stock company or any other association or entity, public orprivate;

 

(viii) "Property" means anything of value whethertangible or intangible, real or personal, public or private;

 

(ix) "Recklessly" is defined as the followingconduct: A person acts recklessly when he consciously disregards a substantialand unjustifiable risk that the harm he is accused of causing will occur, andthe harm results. The risk shall be of such nature and degree thatdisregarding it constitutes a gross deviation from the standard of conduct thata reasonable person would observe in the situation;

 

(x) "Serious bodily injury" means bodily injury whichcreates a substantial risk of death or which causes miscarriage, severedisfigurement or protracted loss or impairment of the function of any bodilymember or organ;

 

(xi) "Vehicle" means any device by which persons orproperty may be moved, carried or transported over land, water or air;

 

(xii) "Violent felony" means murder, manslaughter,kidnapping, sexual assault in the first or second degree, robbery, aggravatedassault, aircraft hijacking, arson in the first or second degree or aggravatedburglary or a violation of W.S. 6-2-314(a)(i) or 6-2-315(a)(ii);

 

(xiii) "Torture", "torment" or"cruelty" means every act, omission or neglect whereby the willfuland malicious infliction of pain or suffering is caused, permitted or allowedto continue when there is a reasonable remedy or relief;

 

(xiv) "Criminal street gang" means an ongoing formal orinformal organization, association or group of five (5) or more persons havingas one (1) of its primary activities the commission of one (1) or more of thecriminal acts enumerated in paragraph (xv) of this subsection, having a commonname or identifying sign or symbol and whose members or associates individuallyor collectively engage in or have been engaged in a pattern of criminal streetgang activity;

 

(xv) "Pattern of criminal street gang activity" meansthe commission of, conviction or adjudication for or solicitation, conspiracyor attempt to commit two (2) or more of the offenses listed in this paragraphon separate occasions within a three (3) year period. Offenses that form apattern of criminal street gang activity include:

 

(A) A violent felony as defined in paragraph (xii) of thissubsection;

 

(B) Promoting prostitution in violation of W.S. 6-4-103;

 

(C) Felony property destruction and defacement in violation ofW.S. 6-3-201 and punishable under W.S. 6-3-201(b)(iii);

 

(D) Larceny in violation of W.S. 6-3-402;

 

(E) Wrongful taking or disposing of property in violation ofW.S. 6-3-403;

 

(F) Forgery in violation of W.S. 6-3-602;

 

(G) Influencing, intimidating or impeding jurors, witnesses andofficers, or obstructing or impeding justice in violation of W.S. 6-5-305;

 

(H) Possession of a firearm by a person convicted of certainfelony offenses in violation of W.S. 6-8-102;

 

(J) Wearing or carrying concealed weapons in violation of W.S.6-8-104;

 

(K) Possession, manufacture or disposition of a deadly weaponwith unlawful intent in violation of W.S. 6-8-103;

 

(M) Blackmail in violation of W.S. 6-2-402;

 

(N) Possession, manufacture, transportation and sale of anyexplosive, improvised explosive device or incendiary apparatus with unlawfulintent in violation of W.S. 6-3-111;

 

(O) Sports bribery in violation of W.S. 6-3-609;

 

(P) Aggravated cruelty to animals in violation of W.S. 6-3-203(c);

 

(Q) The unlawful sale or possession with intent to manufacture,distribute or dispense a controlled substance in violation of W.S. 35-7-1031;

 

(R) Simple assault in violation of W.S. 6-2-501(a);

 

(S) Battery in violation of W.S. 6-2-501(b).

 

(xvi) "This act" means title 6 of the Wyoming statutes.

 

ARTICLE 2 - LIABILITY

 

6-1-201. Accessory before the fact.

 

(a) A person who knowingly aids or abets in the commission of afelony, or who counsels, encourages, hires, commands or procures a felony to becommitted, is an accessory before the fact.

 

(b) An accessory before the fact:

 

(i) May be indicted, informed against, tried and convicted asif he were a principal;

 

(ii) May be indicted, informed against, tried and convictedeither before or after and whether or not the principal offender is indicted,informed against, tried or convicted; and

 

(iii) Upon conviction, is subject to the same punishment andpenalties as are prescribed by law for the punishment of the principal.

 

6-1-202. Being under the influence not a defense; effect upon intent;"self-induced."

 

(a) Self-induced intoxication of the defendant is not a defenseto a criminal charge except to the extent that in any prosecution evidence ofself-induced intoxication of the defendant may be offered when it is relevantto negate the existence of a specific intent which is an element of the crime.

 

(b) Intoxication is self-induced if it is caused by substanceswhich the defendant knows or ought to know have the tendency to cause intoxicationand which he knowingly and voluntarily introduced or allowed to be introducedinto his body unless they were introduced pursuant to medical advice. The factthat the defendant is dependent upon the intoxicating substance is not relevantin determining whether his intoxication is self-induced.

 

6-1-203. Battered woman syndrome.

 

(a) The "battered woman syndrome" is defined as asubset under the diagnosis of Post-Traumatic Stress Disorder established in theDiagnostic and Statistical Manual of Mental Disorders III - Revised of theAmerican Psychiatric Association.

 

(b) If a person is charged with a crime involving the use offorce against another, and the person raises the affirmative defense ofself-defense, the person may introduce expert testimony that the personsuffered from the syndrome, to establish the necessary requisite belief of animminent danger of death or great bodily harm as an element of the affirmativedefense, to justify the person's use of force.

 

6-1-204. Immunity from civil action for justifiable use of force.

 

Except as provided by W.S. 6-1-103(a), aperson who uses force as reasonably necessary in defense of his person,property or abode or to prevent injury to another is immune from civil actionfor the use of the force.

 

ARTICLE 3 - INCHOATE OFFENSES

 

6-1-301. Attempt; renunciation of criminal intention.

 

(a) A person is guilty of an attempt to commit a crime if:

 

(i) With the intent to commit the crime, he does any act whichis a substantial step towards commission of the crime. A "substantialstep" is conduct which is strongly corroborative of the firmness of theperson's intention to complete the commission of the crime; or

 

(ii) He intentionally engages in conduct which would constitutethe crime had the attendant circumstances been as the person believes them tobe.

 

(b) A person is not liable under this section if, undercircumstances manifesting a voluntary and complete renunciation of his criminalintention, he avoided the commission of the crime attempted by abandoning hiscriminal effort. Within the meaning of this subsection, renunciation ofcriminal purpose is not voluntary if it is motivated, in whole or in part, bycircumstances, not present or apparent at the inception of the person's courseof conduct, which increase the probability of detection or apprehension orwhich make more difficult the accomplishment of the criminal intention.Renunciation is not complete if it is motivated by a decision to postpone thecriminal conduct until a more advantageous time or to transfer the criminaleffort to another but similar objective or victim.

 

6-1-302. Solicitation to commit felony; renunciation of criminalintention.

 

(a) A person is guilty of solicitation to commit a felony if,with intent that a felony be committed, he commands, encourages or facilitatesthe commission of that crime under circumstances strongly corroborative of theintention that the crime be committed but the solicited crime is not attemptedor committed.

 

(b) A person is not liable under this section if, aftersoliciting another person to commit a crime, he persuaded the other person notto do so or otherwise prevented the commission of the crime, undercircumstances manifesting a voluntary and complete renunciation of his criminalintention.

 

6-1-303. Conspiracy; renunciation of criminal intention; venue.

 

(a) A person is guilty of conspiracy to commit a crime if heagrees with one (1) or more persons that they or one (1) or more of them willcommit a crime and one (1) or more of them does an overt act to effect theobjective of the agreement.

 

(b) A person is not liable under this section if afterconspiring he withdraws from the conspiracy and thwarts its success undercircumstances manifesting voluntary and complete renunciation of his criminalintention.

 

(c) A conspiracy may be prosecuted in the county where theagreement was entered into, or in any county where any act evidencing theconspiracy or furthering the purpose took place.

 

6-1-304. Grading.

 

Thepenalty for attempt, solicitation or conspiracy is the same as the penalty forthe most serious crime which is attempted, solicited or is an object of theconspiracy except that an attempt, solicitation or conspiracy to commit acapital crime is not punishable by the death penalty if the capital crime isnot committed.

 

State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter1

CHAPTER 1 - GENERAL PROVISIONS

 

ARTICLE 1 - IN GENERAL

 

6-1-101. Short title; applicability of provisions; conflictingpenalties.

 

(a) This act may be cited as the Wyoming Criminal Code.

 

(b) This act does not apply to crimes committed prior to theeffective date of this act. Prosecutions for a crime shall be governed by thelaw in effect on the date when the crime occurred. A crime was committed priorto the effective date of this act if any of the elements of the crime occurredprior to the effective date of this act.

 

(c) In a case pending on or after the effective date of thisact, involving a crime committed prior to the effective date, if the penaltyunder this act for the crime is different from the penalty under prior law, thecourt shall impose the lesser sentence.

 

6-1-102. Common-law crimes abolished; common-law defenses retained.

 

(a) Common-law crimes are abolished. No conduct constitutes acrime unless it is described as a crime in this act or in another statute ofthis state. This section does not limit the power of the court to:

 

(i) Punish for contempt or to employ any sanction authorized bylaw for the enforcement of an order lawfully entered or a civil judgment ordecree; or

 

(ii) Use case law as an interpretive aid and in the constructionof this act.

 

(b) Common-law defenses are retained unless otherwise providedby this act.

 

6-1-103. Civil recovery for criminal act; conviction as evidence incivil suit.

 

(a) Nothing in this act prevents a party whose person orproperty is injured by a criminal act from recovering full damages.

 

(b) No record of a conviction, unless it was obtained byconfession in open court, shall be used as evidence in an action brought to recoverdamages.

 

6-1-104. Definitions.

 

(a) As used in this act, unless otherwise defined:

 

(i) "Bodily injury" means physical pain, illness orany impairment of physical condition;

 

(ii) "Coin machine" means a mechanical or electronicdevice or receptacle designed to:

 

(A) Receive a coin, bill or token made for that purpose; and

 

(B) Automatically offer, provide or assist in providing orpermit the acquisition of property or service in return for the insertion ofthe coin, bill or token.

 

(iii) "Criminal negligence" is defined as the followingconduct: A person acts with criminal negligence when, through a grossdeviation from the standard of care that a reasonable person would exercise, hefails to perceive a substantial and unjustifiable risk that the harm he isaccused of causing will occur, and the harm results. The risk shall be of suchnature and degree that the failure to perceive it constitutes a gross deviationfrom the standard of care that a reasonable person would observe in the situation;

 

(iv) "Deadly weapon" means but is not limited to afirearm, explosive or incendiary material, motorized vehicle, an animal orother device, instrument, material or substance, which in the manner it is usedor is intended to be used is reasonably capable of producing death or seriousbodily injury;

 

(v) "Occupied structure" means a structure or vehiclewhether or not a person is actually present:

 

(A) Where any person lives or carries on business or othercalling;

 

(B) Where people assemble for purposes of business, government,education, religion, entertainment or public transportation;

 

(C) Which is used for overnight accommodation of persons; or

 

(D) In which a person may reasonably be expected to be present.

 

(vi) "Peace officer" includes the following officersassigned to duty in the state of Wyoming:

 

(A) Any duly authorized sheriff, under sheriff or deputysheriff;

 

(B) Any duly authorized member of a municipal police force, acollege or university campus police force or the Wyoming highway patrol;

 

(C) Game and fish law enforcement personnel qualified pursuantto W.S. 9-1-701 through 9-1-707 and:

 

(I) When enforcing felony statutes following observation ordiscovery of the commission of a felony which was observed or discovered duringthe performance of their statutory duties;

 

(II) While responding to requests to assist other peace officersperforming their official duties or when enforcing a valid arrest warrant forany crime; or

 

(III) When enforcing any provision of title 23 and chapter 13 oftitle 41, any rule and regulation promulgated by the Wyoming game and fishcommission or any other statute for which they are granted statutoryenforcement authority.

 

(D) Agents of the division of criminal investigation appointedpursuant to W.S. 9-1-613 who have qualified pursuant to W.S. 9-1-701 through9-1-707;

 

(E) Any duly authorized arson investigator employed by thestate fire marshal;

 

(F) Investigators and brand inspectors of the Wyoming livestockboard who have qualified pursuant to W.S. 9-1-701 through 9-1-707 when:

 

(I) Enforcing W.S. 6-3-201, 6-3-203, 6-3-401 through 6-3-403,6-3-407, 6-3-410, 6-3-601 through 6-3-603, 6-3-607, 6-3-610 through 6-3-612,6-9-202, 35-10-101, 35-10-102 and 35-10-104, the provisions of title 11 and anylaws prohibiting theft or mutilation of livestock or any part thereof and anyrule or regulation promulgated by the Wyoming livestock board or any other lawfor which they are granted statutory enforcement authority;

 

(II) Responding to a request to assist another peace officer asdefined in this paragraph performing his official duty; or

 

(III) Enforcing a valid arrest warrant for a crime specified insubdivision (F)(I) of this paragraph.

 

(G) Federal law enforcement agents;

 

(H) Investigators employed by the Wyoming state board ofoutfitters and professional guides and qualified pursuant to W.S. 9-1-701through 9-1-707, when enforcing W.S. 23-2-401 and 23-2-406 through 23-2-418 andboard rules and regulations promulgated under W.S. 23-2-410(a)(ii);

 

(J) Any duly authorized detention officer who has qualifiedpursuant to W.S. 9-1-701 through 9-1-707, when engaged in the performance ofhis duties;

 

(K) Any person employed by the state department of correctionson a full-time basis as a correctional officer to care for, supervise andcontrol persons under the custody of the department, when the person is engagedin the performance of his duties;

 

(M) Any peace officer certified by another state who has beenappointed as a special deputy sheriff of a Wyoming county pursuant to W.S.18-3-602(c);

 

(N) Certified law enforcement officers of an adjoining statewhile responding to a request for assistance from a peace officer in this statepursuant to the "Law Enforcement Interstate Mutual Aid Act" or otherlawful request;

 

(O) The director and full-time staff instructors of the Wyominglaw enforcement academy when duly appointed and acting pursuant to W.S.9-1-633(b);

 

(P) Any superintendent, assistant superintendent or full-timepark ranger of any state park, state recreation area, state archeological siteor state historic site who has qualified pursuant to W.S. 9-1-701 through9-1-707, when acting within the boundaries of the state park, state recreationarea, state archeological site or state historic site or when responding to arequest to assist other peace officers acting within the scope of theirofficial duties in their own jurisdiction; and

 

(Q) Any duly authorized court security officer employed by theWyoming supreme court who is qualified pursuant to W.S. 9-1-701 through 9-1-707when:

 

(I) Enforcing Wyoming statutes or supreme court rules onpremises where the supreme court is conducting business;

 

(II) In fresh pursuit of a person whom the officer has probablecause to believe has committed within the officer's jurisdiction a violation ofa state statute, or for whom an arrest warrant is outstanding for any criminaloffense; or

 

(III) When responding to a request to assist other peace officersacting within the scope of their official duties in their own jurisdiction.

 

(vii) "Person" includes an individual, partnership,corporation, joint stock company or any other association or entity, public orprivate;

 

(viii) "Property" means anything of value whethertangible or intangible, real or personal, public or private;

 

(ix) "Recklessly" is defined as the followingconduct: A person acts recklessly when he consciously disregards a substantialand unjustifiable risk that the harm he is accused of causing will occur, andthe harm results. The risk shall be of such nature and degree thatdisregarding it constitutes a gross deviation from the standard of conduct thata reasonable person would observe in the situation;

 

(x) "Serious bodily injury" means bodily injury whichcreates a substantial risk of death or which causes miscarriage, severedisfigurement or protracted loss or impairment of the function of any bodilymember or organ;

 

(xi) "Vehicle" means any device by which persons orproperty may be moved, carried or transported over land, water or air;

 

(xii) "Violent felony" means murder, manslaughter,kidnapping, sexual assault in the first or second degree, robbery, aggravatedassault, aircraft hijacking, arson in the first or second degree or aggravatedburglary or a violation of W.S. 6-2-314(a)(i) or 6-2-315(a)(ii);

 

(xiii) "Torture", "torment" or"cruelty" means every act, omission or neglect whereby the willfuland malicious infliction of pain or suffering is caused, permitted or allowedto continue when there is a reasonable remedy or relief;

 

(xiv) "Criminal street gang" means an ongoing formal orinformal organization, association or group of five (5) or more persons havingas one (1) of its primary activities the commission of one (1) or more of thecriminal acts enumerated in paragraph (xv) of this subsection, having a commonname or identifying sign or symbol and whose members or associates individuallyor collectively engage in or have been engaged in a pattern of criminal streetgang activity;

 

(xv) "Pattern of criminal street gang activity" meansthe commission of, conviction or adjudication for or solicitation, conspiracyor attempt to commit two (2) or more of the offenses listed in this paragraphon separate occasions within a three (3) year period. Offenses that form apattern of criminal street gang activity include:

 

(A) A violent felony as defined in paragraph (xii) of thissubsection;

 

(B) Promoting prostitution in violation of W.S. 6-4-103;

 

(C) Felony property destruction and defacement in violation ofW.S. 6-3-201 and punishable under W.S. 6-3-201(b)(iii);

 

(D) Larceny in violation of W.S. 6-3-402;

 

(E) Wrongful taking or disposing of property in violation ofW.S. 6-3-403;

 

(F) Forgery in violation of W.S. 6-3-602;

 

(G) Influencing, intimidating or impeding jurors, witnesses andofficers, or obstructing or impeding justice in violation of W.S. 6-5-305;

 

(H) Possession of a firearm by a person convicted of certainfelony offenses in violation of W.S. 6-8-102;

 

(J) Wearing or carrying concealed weapons in violation of W.S.6-8-104;

 

(K) Possession, manufacture or disposition of a deadly weaponwith unlawful intent in violation of W.S. 6-8-103;

 

(M) Blackmail in violation of W.S. 6-2-402;

 

(N) Possession, manufacture, transportation and sale of anyexplosive, improvised explosive device or incendiary apparatus with unlawfulintent in violation of W.S. 6-3-111;

 

(O) Sports bribery in violation of W.S. 6-3-609;

 

(P) Aggravated cruelty to animals in violation of W.S. 6-3-203(c);

 

(Q) The unlawful sale or possession with intent to manufacture,distribute or dispense a controlled substance in violation of W.S. 35-7-1031;

 

(R) Simple assault in violation of W.S. 6-2-501(a);

 

(S) Battery in violation of W.S. 6-2-501(b).

 

(xvi) "This act" means title 6 of the Wyoming statutes.

 

ARTICLE 2 - LIABILITY

 

6-1-201. Accessory before the fact.

 

(a) A person who knowingly aids or abets in the commission of afelony, or who counsels, encourages, hires, commands or procures a felony to becommitted, is an accessory before the fact.

 

(b) An accessory before the fact:

 

(i) May be indicted, informed against, tried and convicted asif he were a principal;

 

(ii) May be indicted, informed against, tried and convictedeither before or after and whether or not the principal offender is indicted,informed against, tried or convicted; and

 

(iii) Upon conviction, is subject to the same punishment andpenalties as are prescribed by law for the punishment of the principal.

 

6-1-202. Being under the influence not a defense; effect upon intent;"self-induced."

 

(a) Self-induced intoxication of the defendant is not a defenseto a criminal charge except to the extent that in any prosecution evidence ofself-induced intoxication of the defendant may be offered when it is relevantto negate the existence of a specific intent which is an element of the crime.

 

(b) Intoxication is self-induced if it is caused by substanceswhich the defendant knows or ought to know have the tendency to cause intoxicationand which he knowingly and voluntarily introduced or allowed to be introducedinto his body unless they were introduced pursuant to medical advice. The factthat the defendant is dependent upon the intoxicating substance is not relevantin determining whether his intoxication is self-induced.

 

6-1-203. Battered woman syndrome.

 

(a) The "battered woman syndrome" is defined as asubset under the diagnosis of Post-Traumatic Stress Disorder established in theDiagnostic and Statistical Manual of Mental Disorders III - Revised of theAmerican Psychiatric Association.

 

(b) If a person is charged with a crime involving the use offorce against another, and the person raises the affirmative defense ofself-defense, the person may introduce expert testimony that the personsuffered from the syndrome, to establish the necessary requisite belief of animminent danger of death or great bodily harm as an element of the affirmativedefense, to justify the person's use of force.

 

6-1-204. Immunity from civil action for justifiable use of force.

 

Except as provided by W.S. 6-1-103(a), aperson who uses force as reasonably necessary in defense of his person,property or abode or to prevent injury to another is immune from civil actionfor the use of the force.

 

ARTICLE 3 - INCHOATE OFFENSES

 

6-1-301. Attempt; renunciation of criminal intention.

 

(a) A person is guilty of an attempt to commit a crime if:

 

(i) With the intent to commit the crime, he does any act whichis a substantial step towards commission of the crime. A "substantialstep" is conduct which is strongly corroborative of the firmness of theperson's intention to complete the commission of the crime; or

 

(ii) He intentionally engages in conduct which would constitutethe crime had the attendant circumstances been as the person believes them tobe.

 

(b) A person is not liable under this section if, undercircumstances manifesting a voluntary and complete renunciation of his criminalintention, he avoided the commission of the crime attempted by abandoning hiscriminal effort. Within the meaning of this subsection, renunciation ofcriminal purpose is not voluntary if it is motivated, in whole or in part, bycircumstances, not present or apparent at the inception of the person's courseof conduct, which increase the probability of detection or apprehension orwhich make more difficult the accomplishment of the criminal intention.Renunciation is not complete if it is motivated by a decision to postpone thecriminal conduct until a more advantageous time or to transfer the criminaleffort to another but similar objective or victim.

 

6-1-302. Solicitation to commit felony; renunciation of criminalintention.

 

(a) A person is guilty of solicitation to commit a felony if,with intent that a felony be committed, he commands, encourages or facilitatesthe commission of that crime under circumstances strongly corroborative of theintention that the crime be committed but the solicited crime is not attemptedor committed.

 

(b) A person is not liable under this section if, aftersoliciting another person to commit a crime, he persuaded the other person notto do so or otherwise prevented the commission of the crime, undercircumstances manifesting a voluntary and complete renunciation of his criminalintention.

 

6-1-303. Conspiracy; renunciation of criminal intention; venue.

 

(a) A person is guilty of conspiracy to commit a crime if heagrees with one (1) or more persons that they or one (1) or more of them willcommit a crime and one (1) or more of them does an overt act to effect theobjective of the agreement.

 

(b) A person is not liable under this section if afterconspiring he withdraws from the conspiracy and thwarts its success undercircumstances manifesting voluntary and complete renunciation of his criminalintention.

 

(c) A conspiracy may be prosecuted in the county where theagreement was entered into, or in any county where any act evidencing theconspiracy or furthering the purpose took place.

 

6-1-304. Grading.

 

Thepenalty for attempt, solicitation or conspiracy is the same as the penalty forthe most serious crime which is attempted, solicited or is an object of theconspiracy except that an attempt, solicitation or conspiracy to commit acapital crime is not punishable by the death penalty if the capital crime isnot committed.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter1

CHAPTER 1 - GENERAL PROVISIONS

 

ARTICLE 1 - IN GENERAL

 

6-1-101. Short title; applicability of provisions; conflictingpenalties.

 

(a) This act may be cited as the Wyoming Criminal Code.

 

(b) This act does not apply to crimes committed prior to theeffective date of this act. Prosecutions for a crime shall be governed by thelaw in effect on the date when the crime occurred. A crime was committed priorto the effective date of this act if any of the elements of the crime occurredprior to the effective date of this act.

 

(c) In a case pending on or after the effective date of thisact, involving a crime committed prior to the effective date, if the penaltyunder this act for the crime is different from the penalty under prior law, thecourt shall impose the lesser sentence.

 

6-1-102. Common-law crimes abolished; common-law defenses retained.

 

(a) Common-law crimes are abolished. No conduct constitutes acrime unless it is described as a crime in this act or in another statute ofthis state. This section does not limit the power of the court to:

 

(i) Punish for contempt or to employ any sanction authorized bylaw for the enforcement of an order lawfully entered or a civil judgment ordecree; or

 

(ii) Use case law as an interpretive aid and in the constructionof this act.

 

(b) Common-law defenses are retained unless otherwise providedby this act.

 

6-1-103. Civil recovery for criminal act; conviction as evidence incivil suit.

 

(a) Nothing in this act prevents a party whose person orproperty is injured by a criminal act from recovering full damages.

 

(b) No record of a conviction, unless it was obtained byconfession in open court, shall be used as evidence in an action brought to recoverdamages.

 

6-1-104. Definitions.

 

(a) As used in this act, unless otherwise defined:

 

(i) "Bodily injury" means physical pain, illness orany impairment of physical condition;

 

(ii) "Coin machine" means a mechanical or electronicdevice or receptacle designed to:

 

(A) Receive a coin, bill or token made for that purpose; and

 

(B) Automatically offer, provide or assist in providing orpermit the acquisition of property or service in return for the insertion ofthe coin, bill or token.

 

(iii) "Criminal negligence" is defined as the followingconduct: A person acts with criminal negligence when, through a grossdeviation from the standard of care that a reasonable person would exercise, hefails to perceive a substantial and unjustifiable risk that the harm he isaccused of causing will occur, and the harm results. The risk shall be of suchnature and degree that the failure to perceive it constitutes a gross deviationfrom the standard of care that a reasonable person would observe in the situation;

 

(iv) "Deadly weapon" means but is not limited to afirearm, explosive or incendiary material, motorized vehicle, an animal orother device, instrument, material or substance, which in the manner it is usedor is intended to be used is reasonably capable of producing death or seriousbodily injury;

 

(v) "Occupied structure" means a structure or vehiclewhether or not a person is actually present:

 

(A) Where any person lives or carries on business or othercalling;

 

(B) Where people assemble for purposes of business, government,education, religion, entertainment or public transportation;

 

(C) Which is used for overnight accommodation of persons; or

 

(D) In which a person may reasonably be expected to be present.

 

(vi) "Peace officer" includes the following officersassigned to duty in the state of Wyoming:

 

(A) Any duly authorized sheriff, under sheriff or deputysheriff;

 

(B) Any duly authorized member of a municipal police force, acollege or university campus police force or the Wyoming highway patrol;

 

(C) Game and fish law enforcement personnel qualified pursuantto W.S. 9-1-701 through 9-1-707 and:

 

(I) When enforcing felony statutes following observation ordiscovery of the commission of a felony which was observed or discovered duringthe performance of their statutory duties;

 

(II) While responding to requests to assist other peace officersperforming their official duties or when enforcing a valid arrest warrant forany crime; or

 

(III) When enforcing any provision of title 23 and chapter 13 oftitle 41, any rule and regulation promulgated by the Wyoming game and fishcommission or any other statute for which they are granted statutoryenforcement authority.

 

(D) Agents of the division of criminal investigation appointedpursuant to W.S. 9-1-613 who have qualified pursuant to W.S. 9-1-701 through9-1-707;

 

(E) Any duly authorized arson investigator employed by thestate fire marshal;

 

(F) Investigators and brand inspectors of the Wyoming livestockboard who have qualified pursuant to W.S. 9-1-701 through 9-1-707 when:

 

(I) Enforcing W.S. 6-3-201, 6-3-203, 6-3-401 through 6-3-403,6-3-407, 6-3-410, 6-3-601 through 6-3-603, 6-3-607, 6-3-610 through 6-3-612,6-9-202, 35-10-101, 35-10-102 and 35-10-104, the provisions of title 11 and anylaws prohibiting theft or mutilation of livestock or any part thereof and anyrule or regulation promulgated by the Wyoming livestock board or any other lawfor which they are granted statutory enforcement authority;

 

(II) Responding to a request to assist another peace officer asdefined in this paragraph performing his official duty; or

 

(III) Enforcing a valid arrest warrant for a crime specified insubdivision (F)(I) of this paragraph.

 

(G) Federal law enforcement agents;

 

(H) Investigators employed by the Wyoming state board ofoutfitters and professional guides and qualified pursuant to W.S. 9-1-701through 9-1-707, when enforcing W.S. 23-2-401 and 23-2-406 through 23-2-418 andboard rules and regulations promulgated under W.S. 23-2-410(a)(ii);

 

(J) Any duly authorized detention officer who has qualifiedpursuant to W.S. 9-1-701 through 9-1-707, when engaged in the performance ofhis duties;

 

(K) Any person employed by the state department of correctionson a full-time basis as a correctional officer to care for, supervise andcontrol persons under the custody of the department, when the person is engagedin the performance of his duties;

 

(M) Any peace officer certified by another state who has beenappointed as a special deputy sheriff of a Wyoming county pursuant to W.S.18-3-602(c);

 

(N) Certified law enforcement officers of an adjoining statewhile responding to a request for assistance from a peace officer in this statepursuant to the "Law Enforcement Interstate Mutual Aid Act" or otherlawful request;

 

(O) The director and full-time staff instructors of the Wyominglaw enforcement academy when duly appointed and acting pursuant to W.S.9-1-633(b);

 

(P) Any superintendent, assistant superintendent or full-timepark ranger of any state park, state recreation area, state archeological siteor state historic site who has qualified pursuant to W.S. 9-1-701 through9-1-707, when acting within the boundaries of the state park, state recreationarea, state archeological site or state historic site or when responding to arequest to assist other peace officers acting within the scope of theirofficial duties in their own jurisdiction; and

 

(Q) Any duly authorized court security officer employed by theWyoming supreme court who is qualified pursuant to W.S. 9-1-701 through 9-1-707when:

 

(I) Enforcing Wyoming statutes or supreme court rules onpremises where the supreme court is conducting business;

 

(II) In fresh pursuit of a person whom the officer has probablecause to believe has committed within the officer's jurisdiction a violation ofa state statute, or for whom an arrest warrant is outstanding for any criminaloffense; or

 

(III) When responding to a request to assist other peace officersacting within the scope of their official duties in their own jurisdiction.

 

(vii) "Person" includes an individual, partnership,corporation, joint stock company or any other association or entity, public orprivate;

 

(viii) "Property" means anything of value whethertangible or intangible, real or personal, public or private;

 

(ix) "Recklessly" is defined as the followingconduct: A person acts recklessly when he consciously disregards a substantialand unjustifiable risk that the harm he is accused of causing will occur, andthe harm results. The risk shall be of such nature and degree thatdisregarding it constitutes a gross deviation from the standard of conduct thata reasonable person would observe in the situation;

 

(x) "Serious bodily injury" means bodily injury whichcreates a substantial risk of death or which causes miscarriage, severedisfigurement or protracted loss or impairment of the function of any bodilymember or organ;

 

(xi) "Vehicle" means any device by which persons orproperty may be moved, carried or transported over land, water or air;

 

(xii) "Violent felony" means murder, manslaughter,kidnapping, sexual assault in the first or second degree, robbery, aggravatedassault, aircraft hijacking, arson in the first or second degree or aggravatedburglary or a violation of W.S. 6-2-314(a)(i) or 6-2-315(a)(ii);

 

(xiii) "Torture", "torment" or"cruelty" means every act, omission or neglect whereby the willfuland malicious infliction of pain or suffering is caused, permitted or allowedto continue when there is a reasonable remedy or relief;

 

(xiv) "Criminal street gang" means an ongoing formal orinformal organization, association or group of five (5) or more persons havingas one (1) of its primary activities the commission of one (1) or more of thecriminal acts enumerated in paragraph (xv) of this subsection, having a commonname or identifying sign or symbol and whose members or associates individuallyor collectively engage in or have been engaged in a pattern of criminal streetgang activity;

 

(xv) "Pattern of criminal street gang activity" meansthe commission of, conviction or adjudication for or solicitation, conspiracyor attempt to commit two (2) or more of the offenses listed in this paragraphon separate occasions within a three (3) year period. Offenses that form apattern of criminal street gang activity include:

 

(A) A violent felony as defined in paragraph (xii) of thissubsection;

 

(B) Promoting prostitution in violation of W.S. 6-4-103;

 

(C) Felony property destruction and defacement in violation ofW.S. 6-3-201 and punishable under W.S. 6-3-201(b)(iii);

 

(D) Larceny in violation of W.S. 6-3-402;

 

(E) Wrongful taking or disposing of property in violation ofW.S. 6-3-403;

 

(F) Forgery in violation of W.S. 6-3-602;

 

(G) Influencing, intimidating or impeding jurors, witnesses andofficers, or obstructing or impeding justice in violation of W.S. 6-5-305;

 

(H) Possession of a firearm by a person convicted of certainfelony offenses in violation of W.S. 6-8-102;

 

(J) Wearing or carrying concealed weapons in violation of W.S.6-8-104;

 

(K) Possession, manufacture or disposition of a deadly weaponwith unlawful intent in violation of W.S. 6-8-103;

 

(M) Blackmail in violation of W.S. 6-2-402;

 

(N) Possession, manufacture, transportation and sale of anyexplosive, improvised explosive device or incendiary apparatus with unlawfulintent in violation of W.S. 6-3-111;

 

(O) Sports bribery in violation of W.S. 6-3-609;

 

(P) Aggravated cruelty to animals in violation of W.S. 6-3-203(c);

 

(Q) The unlawful sale or possession with intent to manufacture,distribute or dispense a controlled substance in violation of W.S. 35-7-1031;

 

(R) Simple assault in violation of W.S. 6-2-501(a);

 

(S) Battery in violation of W.S. 6-2-501(b).

 

(xvi) "This act" means title 6 of the Wyoming statutes.

 

ARTICLE 2 - LIABILITY

 

6-1-201. Accessory before the fact.

 

(a) A person who knowingly aids or abets in the commission of afelony, or who counsels, encourages, hires, commands or procures a felony to becommitted, is an accessory before the fact.

 

(b) An accessory before the fact:

 

(i) May be indicted, informed against, tried and convicted asif he were a principal;

 

(ii) May be indicted, informed against, tried and convictedeither before or after and whether or not the principal offender is indicted,informed against, tried or convicted; and

 

(iii) Upon conviction, is subject to the same punishment andpenalties as are prescribed by law for the punishment of the principal.

 

6-1-202. Being under the influence not a defense; effect upon intent;"self-induced."

 

(a) Self-induced intoxication of the defendant is not a defenseto a criminal charge except to the extent that in any prosecution evidence ofself-induced intoxication of the defendant may be offered when it is relevantto negate the existence of a specific intent which is an element of the crime.

 

(b) Intoxication is self-induced if it is caused by substanceswhich the defendant knows or ought to know have the tendency to cause intoxicationand which he knowingly and voluntarily introduced or allowed to be introducedinto his body unless they were introduced pursuant to medical advice. The factthat the defendant is dependent upon the intoxicating substance is not relevantin determining whether his intoxication is self-induced.

 

6-1-203. Battered woman syndrome.

 

(a) The "battered woman syndrome" is defined as asubset under the diagnosis of Post-Traumatic Stress Disorder established in theDiagnostic and Statistical Manual of Mental Disorders III - Revised of theAmerican Psychiatric Association.

 

(b) If a person is charged with a crime involving the use offorce against another, and the person raises the affirmative defense ofself-defense, the person may introduce expert testimony that the personsuffered from the syndrome, to establish the necessary requisite belief of animminent danger of death or great bodily harm as an element of the affirmativedefense, to justify the person's use of force.

 

6-1-204. Immunity from civil action for justifiable use of force.

 

Except as provided by W.S. 6-1-103(a), aperson who uses force as reasonably necessary in defense of his person,property or abode or to prevent injury to another is immune from civil actionfor the use of the force.

 

ARTICLE 3 - INCHOATE OFFENSES

 

6-1-301. Attempt; renunciation of criminal intention.

 

(a) A person is guilty of an attempt to commit a crime if:

 

(i) With the intent to commit the crime, he does any act whichis a substantial step towards commission of the crime. A "substantialstep" is conduct which is strongly corroborative of the firmness of theperson's intention to complete the commission of the crime; or

 

(ii) He intentionally engages in conduct which would constitutethe crime had the attendant circumstances been as the person believes them tobe.

 

(b) A person is not liable under this section if, undercircumstances manifesting a voluntary and complete renunciation of his criminalintention, he avoided the commission of the crime attempted by abandoning hiscriminal effort. Within the meaning of this subsection, renunciation ofcriminal purpose is not voluntary if it is motivated, in whole or in part, bycircumstances, not present or apparent at the inception of the person's courseof conduct, which increase the probability of detection or apprehension orwhich make more difficult the accomplishment of the criminal intention.Renunciation is not complete if it is motivated by a decision to postpone thecriminal conduct until a more advantageous time or to transfer the criminaleffort to another but similar objective or victim.

 

6-1-302. Solicitation to commit felony; renunciation of criminalintention.

 

(a) A person is guilty of solicitation to commit a felony if,with intent that a felony be committed, he commands, encourages or facilitatesthe commission of that crime under circumstances strongly corroborative of theintention that the crime be committed but the solicited crime is not attemptedor committed.

 

(b) A person is not liable under this section if, aftersoliciting another person to commit a crime, he persuaded the other person notto do so or otherwise prevented the commission of the crime, undercircumstances manifesting a voluntary and complete renunciation of his criminalintention.

 

6-1-303. Conspiracy; renunciation of criminal intention; venue.

 

(a) A person is guilty of conspiracy to commit a crime if heagrees with one (1) or more persons that they or one (1) or more of them willcommit a crime and one (1) or more of them does an overt act to effect theobjective of the agreement.

 

(b) A person is not liable under this section if afterconspiring he withdraws from the conspiracy and thwarts its success undercircumstances manifesting voluntary and complete renunciation of his criminalintention.

 

(c) A conspiracy may be prosecuted in the county where theagreement was entered into, or in any county where any act evidencing theconspiracy or furthering the purpose took place.

 

6-1-304. Grading.

 

Thepenalty for attempt, solicitation or conspiracy is the same as the penalty forthe most serious crime which is attempted, solicited or is an object of theconspiracy except that an attempt, solicitation or conspiracy to commit acapital crime is not punishable by the death penalty if the capital crime isnot committed.

 

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