State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter5

CHAPTER 5 - OFFENSES AGAINST PUBLIC ADMINISTRATION

 

ARTICLE 1 - OFFENSES BY PUBLIC OFFICIALS

 

6-5-101. Definitions.

 

(a) As used in this article:

 

(i) "Government" includes any branch, subdivision oragency of the state of Wyoming or any city, town, county, school district orspecial district within it;

 

(ii) "Governmental function" includes any activitywhich a public servant is legally authorized to undertake on behalf of agovernment;

 

(iii) "Harm" means loss, disadvantage or injury;

 

(iv) "Pecuniary benefit" is benefit in the form ofproperty, but does not include:

 

(A) Property with a value of less than twenty dollars ($20.00);

 

(B) Food or drink or entertainment authorized as a properdeductible expense for income tax purposes under the United States InternalRevenue Code up to an amount of one hundred dollars ($100.00) per year; or

 

(C) Contributions to a political campaign of a public servantas provided in W.S. 22-25-102.

 

(v) "Public officer" means a person who holds anoffice which is created or granted authority by the constitution or thelegislature and who exercises a portion of the sovereign power of the state;

 

(vi) "Public servant" means any officer or employee ofgovernment, including legislators and judges, and any person participating, asjuror, witness, advisor, consultant or otherwise, in performing a governmentalfunction.

 

6-5-102. Bribery; penalties.

 

(a) A person commits bribery, if:

 

(i) He offers, confers or agrees to confer any pecuniarybenefit, testimonial, privilege or personal advantage upon a public servant asconsideration for the public servant's vote, exercise of discretion or otheraction in his official capacity; or

 

(ii) While a public servant, he solicits, accepts or agrees toaccept any pecuniary benefit, testimonial, privilege or personal advantage uponan agreement or understanding that his vote, exercise of discretion or otheraction as a public servant will thereby be influenced.

 

(b) Bribery is a felony punishable by imprisonment for not morethan ten (10) years, a fine of not more than five thousand dollars ($5,000.00),or both.

 

6-5-103. Compensation for past official behavior; penalties.

 

(a) A person commits an offense if he solicits, accepts oragrees to accept any pecuniary benefit as compensation for having, as a publicservant, given a decision or vote favorable to another, or for having otherwiseexercised a discretion in his favor, or for having violated his statutoryduties. For purposes of this section, "compensation" does not includemere acceptance of an offer of employment.

 

(b) Compensation for past official behavior is a felonypunishable by imprisonment for not more than ten (10) years, a fine of not morethan five thousand dollars ($5,000.00), or both.

 

6-5-104. Soliciting unlawful compensation; penalties.

 

(a) A public servant commits soliciting unlawful compensationif he solicits, accepts or agrees to accept a pecuniary benefit for theperformance of an official action knowing that he was required to perform thataction without compensation or at a level of compensation lower than thatrequested.

 

(b) Soliciting unlawful compensation is a felony punishable byimprisonment for not more than ten (10) years, a fine of not more than fivethousand dollars ($5,000.00), or both.

 

6-5-105. Designation of supplier; penalties; affirmative defense.

 

(a) No public servant shall require or direct a bidder orcontractor to deal with a particular person in procuring any goods or servicerequired in submitting a bid to or fulfilling a contract with any government.

 

(b) A provision in an invitation to bid or a contract documentwhich violates this section is against public policy and voidable.

 

(c) It is an affirmative defense that the defendant was apublic servant acting within the scope of his authority exercising the right toreject any material, subcontractor, service, bond or contract tendered by abidder or contractor because it did not meet bona fide specifications orrequirements relating to quality, availability, experience or financialresponsibility.

 

(d) Designating a supplier 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.

 

6-5-106. Conflict of interest; penalties; disclosure of interest andwithdrawal from participation.

 

(a) Except as provided by subsection (b) of this section, apublic servant commits an offense if he requests or receives any pecuniarybenefit, other than lawful compensation, on any contract, or for the letting ofany contract, or making any appointment where the government employing orsubject to the discretion or decisions of the public servant is concerned.

 

(b) If any public servant discloses the nature and extent ofhis pecuniary interest to all parties concerned therewith and does not participateduring the considerations and vote thereon and does not attempt to influenceany of the parties and does not act for the governing body with respect to thecontracts or appointments, then the acts are not unlawful under subsection (a)of this section. Subsection (a) of this section does not apply to theoperation, administration, inspection or performance of banking and depositcontracts or relationships after the selection of a depository.

 

(c) Violation of subsection (a) of this section is a misdemeanorpunishable by a fine of not more than five thousand dollars ($5,000.00).

 

6-5-107. Official misconduct; penalties.

 

(a) A public servant or public officer commits a misdemeanorpunishable by a fine of not more than five thousand dollars ($5,000.00), if,with intent to obtain a pecuniary benefit or maliciously to cause harm toanother, he knowingly:

 

(i) Commits an unauthorized act relating to his officialduties;

 

(ii) Refrains from performing a duty imposed upon him by law; or

 

(iii) Violates any statute relating to his official duties.

 

(b) A public officer commits a misdemeanor punishable by a fineof not more than seven hundred fifty dollars ($750.00) if he intentionallyfails to perform a duty in the manner and within the time prescribed by law.

 

6-5-108. Issuing false certificate; penalties.

 

(a) A public servant commits a felony punishable byimprisonment for not more than ten (10) years, a fine of not more than tenthousand dollars ($10,000.00), or both, if he makes and issues an officialcertificate or other official written instrument which he is authorized to makeand issue containing a statement which he knows to be false with intent toobtain a benefit or maliciously to cause harm to another.

 

(b) A public servant commits a misdemeanor punishable byimprisonment for not more than one (1) year, a fine of not more than onethousand dollars ($1,000.00), or both, if he makes and issues an officialcertificate or other official written instrument which he is authorized to makeand issue containing a statement which he knows to be false.

 

6-5-109. Repealed by Laws 1984, ch. 44, 3.

 

6-5-110. Wrongful appropriation of public property; penalties.

 

(a) A public servant who lawfully or unlawfully comes intopossession of any property of any government and who, with intent temporarilyto deprive the owner of its use and benefit, converts any of the publicproperty to his own use or any use other than the public use authorized by lawis guilty of wrongful appropriation of public property.

 

(b) Wrongful appropriation is a misdemeanor punishable byimprisonment for not more than one (1) year, a fine of not more than onethousand dollars ($1,000.00), or both.

 

6-5-111. Failure or refusal to account for, deliver or pay overproperty; penalties.

 

Apublic servant who fails or refuses to account for, deliver and pay overproperty received by virtue of the office, when legally required by the properperson or authority is guilty of a felony punishable by imprisonment for notmore than five (5) years, a fine of not more than five thousand dollars($5,000.00), or both.

 

6-5-112. Mistreating persons in institutions or mental hospital;penalties; no bar to other criminal action.

 

(a) A person commits a felony punishable by imprisonment fornot more than three (3) years, a fine of not more than three thousand dollars($3,000.00), or both, if he:

 

(i) Is an employee of, or is responsible for the care of aperson in, a reformatory, penal or charitable institution or a mental hospitaland treats him with unnecessary severity, harshness or cruelty; or

 

(ii) Is an officer required by law to perform an act with regardto persons in a reformatory, penal or charitable institution or a mentalhospital and he intentionally refuses or neglects to perform the act.

 

(b) This section does not bar prosecution, under any othercriminal statute, of a person responsible for the care of a person in areformatory, penal or charitable institution or a mental hospital, even if healso violates this section.

 

6-5-113. Removal from office after judgment of conviction.

 

Ajudgment of conviction rendered under W.S. 6-5-102 through 6-5-112 and 6-5-117against any public servant, except state elected officials, supreme courtjustices, district court judges and circuit court judges, shall result inremoval from office or discharge from employment.

 

6-5-114. Notaries public; issuance of certificate without properacknowledgment; penalties.

 

Anotary public commits 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 he signs and affixes his seal to a certificate of acknowledgmentwhen the party executing the instrument has not first acknowledged theexecution of the instrument before the notary public, if by law the instrumentis required to be recorded or filed and cannot be filed without a certificateof acknowledgment signed and sealed by a notary public.

 

6-5-115. Neglect or refusal of ministerial officer to perform duty incriminal case; unnecessary delay in serving warrant; penalties.

 

(a) A person commits a misdemeanor punishable by imprisonmentfor not more than six (6) months, a fine of not more than five hundred dollars($500.00), or both, if he is:

 

(i) A clerk, sheriff, coroner or other ministerial officer whorefuses or neglects to perform any duty he is required by law to perform in anycriminal case or proceeding; or

 

(ii) An officer who unnecessarily delays serving a warrantlegally issued in any criminal case when it is his duty to execute and in hispower to serve the warrant.

 

6-5-116. Public officer acting before qualifying; penalty.

 

Anelected or appointed public officer or his deputy commits a misdemeanorpunishable by a fine of not more than one thousand dollars ($1,000.00) if heperforms any duty of his office without taking and subscribing the oathprescribed by law or before giving and filing the bond required by law.

 

6-5-117. Public officer demanding kickback from deputy; penalties.

 

Apublic officer who requires a deputy appointed by him to divide or pay back tothe officer a part of the legal fees of the deputy is guilty of a felonypunishable by imprisonment for not more than three (3) years, a fine of notmore than five thousand dollars ($5,000.00), or both.

 

6-5-118. Conflict of interest; public investments; disclosurerequired; penalty; definitions.

 

(a) No public officer or public servant who invests publicfunds for a unit of government, or who has authority to decide how public fundsare invested, shall transact any personal business with, receive any pecuniarybenefit from or have any financial interest in any entity, other than agovernmental entity, unless he has disclosed the benefit or interest in writingto the body of which he is a member or entity for which he is working.Disclosures shall be made annually in a public meeting and shall be made partof the record of proceedings. The public officer or public servant shall makethe written disclosure prior to investing any public funds in any entity, otherthan a governmental entity, which:

 

(i) Provides any services related to investment of funds bythat same unit of government; or

 

(ii) Has a financial interest in any security or otherinvestment made by that unit of government.

 

(b) A violation of subsection (a) of this section is amisdemeanor punishable by imprisonment for not more than six (6) months, a fineof not more than seven hundred fifty dollars ($750.00), or both.

 

(c) The definitions in W.S. 6-5-101 shall apply to this sectionexcept "pecuniary benefit" shall also include benefits in the form ofservices such as, but not limited to, transportation and lodging. As used inthis section, "personal business" means any activity that is not agovernmental function as defined in W.S. 6-5-101(a)(ii).

 

ARTICLE 2 - HINDERING GOVERNMENT OPERATIONS

 

6-5-201. Definitions.

 

(a) As used in this article:

 

(i) "Emergency" means a crime or a situation whichcould result in a public official responding in an authorized emergency vehicleor which could jeopardize public safety and could result in the evacuation ofany area, building, structure, vehicle or other place people may enter;

 

(ii) "Official detention" means arrest, detention in afacility for custody of persons under charge or conviction of crime or allegedor found to be delinquent, detention for extradition or deportation, ordetention in any manner and in any place for law enforcement purposes."Official detention" does not include supervision on probation orparole or constraint incidental to release on bail;

 

(iii) "Relative" means a grandparent, grandchild,mother, father, husband, wife, sister, brother or child; and

 

(iv) "Render assistance" means to:

 

(A) Harbor or conceal the person;

 

(B) Warn the person of impending discovery or apprehension,excluding an official warning given in an effort to bring the person intocompliance with the law;

 

(C) Provide the person with money, transportation, weapon,disguise or other thing to be used in avoiding discovery or apprehension;

 

(D) By force, intimidation or deception, obstruct anyone in theperformance of any act which might aid in the discovery, detection,apprehension, prosecution, conviction or punishment of the person; or

 

(E) Conceal, destroy or alter any physical evidence that mightaid in the discovery, detection, apprehension, prosecution, conviction orpunishment of the person.

 

6-5-202. Accessory after the fact; penalties.

 

(a) A person is an accessory after the fact if, with intent tohinder, delay or prevent the discovery, detection, apprehension, prosecution,detention, conviction or punishment of another for the commission of a crime,he renders assistance to the person.

 

(b) An accessory after the fact commits:

 

(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,if the crime is a felony and the person acting as an accessory is not arelative of the person committing the crime;

 

(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:

 

(A) The crime is a felony and the person acting as an accessoryis a relative of the person committing the crime;

 

(B) The crime is a misdemeanor and the person acting as anaccessory is not a relative of the person committing the crime; or

 

(C) The principal is a minor.

 

(iii) No violation if the crime is a misdemeanor and the personacting as an accessory is a relative of the person committing the crime.

 

6-5-203. Compounding; penalties.

 

(a) A person commits compounding if, knowing of the actualcommission of a crime or the violation of a statute for which a penalty orforfeiture is prescribed, he takes property or accepts an offer of propertyupon an agreement or understanding, express or implied, to:

 

(i) Compound or conceal the crime or violation;

 

(ii) Abstain from prosecuting the crime or violation;

 

(iii) Withhold evidence of the crime or violation; or

 

(iv) Encourage or procure the absence of witnesses or testimonyat the examination or trial of the crime or violation.

 

(b) A person commits compounding of a crime or a violation of astatute for which a penalty or forfeiture is prescribed if he takes property oraccepts an offer of property upon an agreement or understanding, express orimplied, to:

 

(i) Compound, discontinue or delay a pending prosecution forthe crime or violation;

 

(ii) Withhold evidence of the crime or violation; or

 

(iii) Encourage or procure the absence of witnesses or othertestimony at the examination or trial of the crime or violation.

 

(c) Compounding is:

 

(i) A misdemeanor punishable by imprisonment for not more thanone (1) year, a fine of not more than two thousand dollars ($2,000.00), orboth:

 

(A) Under subsection (b) of this section;

 

(B) If a misdemeanor is compounded; or

 

(C) If a violation of a statute for which a penalty orforfeiture is prescribed is compounded.

 

(ii) 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 bothif a felony punishable by imprisonment is compounded;

 

(iii) A felony punishable by imprisonment for not more than five(5) years, a fine of not more than five thousand dollars ($5,000.00), or both,if a felony punishable by death is compounded.

 

6-5-204. Interference with peace officer; disarming peace officer;penalties.

 

(a) A person commits a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both, if he knowingly obstructs, impedes or interferes with orresists arrest by a peace officer while engaged in the lawful performance ofhis official duties.

 

(b) A person who intentionally and knowingly causes or attemptsto cause bodily injury to a peace officer engaged in the lawful performance ofhis official duties is guilty of a felony punishable by imprisonment for notmore than ten (10) years.

 

(c) A person who intentionally and knowingly disarms a peaceofficer of his firearm while that peace officer is engaged in the lawfulperformance of his official duties is guilty of a felony punishable byimprisonment for not more than five (5) years.

 

(d) For the purposes of this section only, "peaceofficer" means as defined in W.S. 6-1-104(a)(vi) and also includes anyperson employed by the state department of corrections on a full-time basis asa probation and parole agent or supervisor to assess, supervise, monitor,track, visit or control persons who are released from incarceration underconditions of parole or who are sentenced under conditions of probation.

 

6-5-205. Running manned roadblock; penalties.

 

Aperson commits a misdemeanor punishable by imprisonment for not more than six(6) months, a fine of not more than seven hundred fifty dollars ($750.00), orboth, if he proceeds or travels through a roadblock which is supervised by auniformed peace officer without stopping and obeying the instructions of thepeace officer.

 

6-5-206. Escape from official detention; penalties.

 

(a) A person commits a crime if he escapes from officialdetention. Escape is:

 

(i) A felony punishable by imprisonment for not more than ten(10) years, if the detention is the result of a conviction for a felony;

 

(ii) 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,if the detention is the result of:

 

(A) A conviction for a misdemeanor; or

 

(B) An arrest or charge for a crime.

 

6-5-207. Escape by violence or assault, or while armed; penalty.

 

Aperson commits a felony punishable by imprisonment for not more than ten (10)years if he escapes from official detention by violence or while armed with adeadly weapon or by assault upon a person in charge of the detention.

 

6-5-208. Taking controlled substances or liquor into jails, penalinstitutions or mental hospitals; penalties.

 

Exceptas authorized by a person in charge, a person commits a felony punishable byimprisonment for not more than three (3) years, a fine of not more than threethousand dollars ($3,000.00), or both, if that person takes or passes anycontrolled substance or intoxicating liquor into a jail, a state penal institution,the Wyoming boys' school, Wyoming girls' school, a correctional facilityoperated by a private entity pursuant to W.S. 7-22-102 or the state hospital.

 

6-5-209. Taking deadly weapons into jails, penal institutions ormental hospitals; penalties.

 

Exceptas authorized by a person in charge, a person commits a felony punishable byimprisonment for not more than ten (10) years, a fine of not more than tenthousand dollars ($10,000.00), or both, if that person takes or passes a deadlyweapon into a jail, a state penal institution, the Wyoming boys' school,Wyoming girls' school, a correctional facility operated by a private entitypursuant to W.S. 7-22-102 or the state hospital.

 

6-5-210. False reporting to authorities; penalties.

 

(a) A person who knowingly reports falsely to a law enforcementagency or a fire department that:

 

(i) A crime has been committed 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;

 

(ii) An emergency exists is guilty of a misdemeanor punishableby imprisonment for not more than one (1) year, a fine of not more than onethousand dollars ($1,000.00), or both;

 

(iii) An emergency exists, when the false report results in anyperson suffering serious bodily harm, is guilty of a felony punishable byimprisonment for not more than five (5) years, a fine of not more than fivethousand dollars ($5,000.00), or both;

 

(iv) An emergency exists, when the false report results in thedeath of any person, is guilty of manslaughter punishable as provided in W.S.6-2-105.

 

6-5-211. Injuring or killing a police dog, fire dog, search andrescue dog or police horse prohibited; penalties.

 

(a) Any person who knowingly, willfully and without lawfulcause or justification permanently disables or inflicts death upon any animaldefined in subsection (b) of this section shall be liable for restitution byorder of a court and shall be guilty of a felony punishable by imprisonment fornot more than ten (10) years, a fine of not more than ten thousand dollars($10,000.00), or both.

 

(b) As used in this section:

 

(i) "Police dog" means any dog that is owned, or theservice of which is employed, by a law enforcement or corrections agency forthe principal purpose of aiding in the detection of criminal activity,enforcement of laws or apprehension of offenders;

 

(ii) "Police horse" means any horse that is owned, orthe service of which is employed, by a law enforcement or corrections agency forthe principal purpose of aiding in the detection of criminal activity,enforcement of laws or apprehension of offenders;

 

(iii) "Fire dog" means any dog that is owned, or theservice of which is employed, by a fire department, a special fire district orthe state fire marshal for the principal purpose of aiding in the detection offlammable materials or the investigation of fires;

 

(iv) "Search and rescue dog" means any search andrescue dog that is owned, or the service of which is utilized, by a firedepartment, a law enforcement or corrections agency, a special fire district orthe state fire marshal for the principal purpose of aiding in the detection ofmissing persons, including persons who are lost, who are trapped under debrisas a result of a natural, manmade or technological disaster or who are drowningvictims.

 

6-5-212. Interference with emergency calls.

 

(a) A person commits 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 he knowingly obstructs, prevents, hinders orotherwise interferes with the making or completion of a telephone call to a 911emergency reporting system or other telephone or radio communication by anotherperson to any law enforcement agency to request protection or other assistancefrom the law enforcement agency or to report the commission of a crime.

 

(b) For purposes of this section "911 emergency reportingsystem" means as defined by W.S. 16-9-102(a)(iv).

 

6-5-213. Taking contraband into penal institutions or correctionalfacilities; definitions; penalties.

 

(a) Except as authorized by a person in charge, no personshall:

 

(i) Intentionally convey or attempt to convey contraband to aperson confined in a penal institution or correctional facility; or

 

(ii) Intentionally make, obtain or possess contraband if theperson is officially confined in a penal institution or correctional facility.

 

(b) Any person who violates any provision of subsection (a) ofthis section is guilty of a misdemeanor punishable by imprisonment for not morethan one (1) year, a fine of not more than two thousand dollars ($2,000.00), orboth.

 

(c) As used in this section:

 

(i) "Contraband" means:

 

(A) Cellular telephone or other unauthorized electroniccommunications device;

 

(B) Cigarette or other tobacco product;

 

(C) Money;

 

(D) Any tool or other item that may be used to facilitateescape from the custody of the penal institution or correctional facility; or

 

(E) Any other item that the person confined in the officialcustody of a penal institution or correctional facility is prohibited by lawfrom making, obtaining or possessing.

 

(ii) "Penal institution or correctional facility"means a jail, a state penal institution or a correctional facility operated bya private entity pursuant to W.S. 7-22-102.

 

ARTICLE 3 - PERJURY AND CRIMINAL FALSIFICATION

 

6-5-301. Perjury in judicial, legislative or administrativeproceedings; penalties.

 

(a) A person commits perjury if, while under a lawfullyadministered oath or affirmation, he knowingly testifies falsely or makes afalse affidavit, certificate, declaration, deposition or statement, in ajudicial, legislative or administrative proceeding in which an oath oraffirmation may be required by law, touching a matter material to a point inquestion.

 

(b) Perjury is a felony punishable by imprisonment for not morethan five (5) years, a fine of not more than five thousand dollars ($5,000.00),or both.

 

6-5-302. Proof of solicitation of perjury.

 

Ina trial for soliciting perjury, no conviction shall be had on the evidence ofthe person solicited, unsupported by other testimony.

 

6-5-303. False swearing in nonjudicial or nonadministrativeproceeding; false claims or vouchers; penalties.

 

(a) A person commits a felony punishable by imprisonment fornot more than two (2) years, a fine of not more than two thousand dollars($2,000.00), or both, if, while under a lawfully administered oath oraffirmation in a matter where an oath is authorized by law, he knowingly makesa false certificate, affidavit, acknowledgment, declaration or statement otherthan in a judicial or administrative proceeding.

 

(b) A person is guilty of a felony punishable by imprisonmentfor not more than two (2) years, a fine of not more than two thousand dollars($2,000.00), or both, if he knowingly submits a false claim or voucher withintent to defraud.

 

(c) A person who knowingly makes a false certification underW.S. 1-2-104 is guilty of a felony punishable by imprisonment for not more thantwo (2) years, a fine of not more than two thousand dollars ($2,000.00), orboth.

 

6-5-304. Offering mining claims for filing without meeting legalprerequisites; penalties.

 

Aperson commits a felony punishable by imprisonment for not more than two (2)years, a fine of not more than two thousand dollars ($2,000.00), or both, if heoffers a location certificate for a placer mining claim or a lode claim or anaffidavit of assessment work to be filed with a county clerk's office knowingthe claim, certificate or affidavit was not preceded by a proper location ofthe claim physically upon the ground by establishing a proper notice of claimand designating the surface boundaries as required by law.

 

6-5-305. Influencing, intimidating or impeding jurors, witnesses andofficers; obstructing or impeding justice; penalties.

 

(a) A person commits a felony punishable by imprisonment fornot more than ten (10) years, a fine of not more than five thousand dollars($5,000.00), or both, if, by force or threats, he attempts to influence,intimidate or impede a juror, witness or officer in the discharge of his duty.

 

(b) A person commits a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both, if, by threats or force, he obstructs or impedes theadministration of justice in a court.

 

6-5-306. Refusal to appear or testify; avoidance of service;penalties; summary proceedings for contempt.

 

(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:

 

(i) Refuses or intentionally fails to obey a lawful subpoena orcitation which has been served upon him;

 

(ii) Secretes himself or leaves his residence to avoid beingserved with a subpoena; or

 

(iii) Refuses to take an oath or affirmation or, being sworn oraffirmed, refuses to answer a question required by the court or presidingofficer.

 

(b) This section shall not prevent summary proceedings forcontempt.

 

6-5-307. Usurpation; penalties.

 

Aperson is guilty of usurpation if he falsely represents himself to be a publicservant with the intent to induce anyone to submit to the pretended official authorityor to act in reliance upon the pretense to his detriment. Usurpation is amisdemeanor punishable by imprisonment for not to exceed six (6) months, a fineof not more than seven hundred fifty dollars ($750.00), or both.

 

6-5-308. Penalty for filing false document.

 

(a) A person commits a felony punishable by imprisonment fornot more than two (2) years, a fine of not more than two thousand dollars($2,000.00), or both, if he files with the secretary of state and willfully orknowingly:

 

(i) Falsifies, conceals or covers up by any trick, scheme ordevice a material fact;

 

(ii) Makes any materially false, fictitious or fraudulentstatement or representation; or

 

(iii) Makes or uses any false writing or document knowing thesame to contain any materially false, fictitious or fraudulent statement orentry.

 

State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter5

CHAPTER 5 - OFFENSES AGAINST PUBLIC ADMINISTRATION

 

ARTICLE 1 - OFFENSES BY PUBLIC OFFICIALS

 

6-5-101. Definitions.

 

(a) As used in this article:

 

(i) "Government" includes any branch, subdivision oragency of the state of Wyoming or any city, town, county, school district orspecial district within it;

 

(ii) "Governmental function" includes any activitywhich a public servant is legally authorized to undertake on behalf of agovernment;

 

(iii) "Harm" means loss, disadvantage or injury;

 

(iv) "Pecuniary benefit" is benefit in the form ofproperty, but does not include:

 

(A) Property with a value of less than twenty dollars ($20.00);

 

(B) Food or drink or entertainment authorized as a properdeductible expense for income tax purposes under the United States InternalRevenue Code up to an amount of one hundred dollars ($100.00) per year; or

 

(C) Contributions to a political campaign of a public servantas provided in W.S. 22-25-102.

 

(v) "Public officer" means a person who holds anoffice which is created or granted authority by the constitution or thelegislature and who exercises a portion of the sovereign power of the state;

 

(vi) "Public servant" means any officer or employee ofgovernment, including legislators and judges, and any person participating, asjuror, witness, advisor, consultant or otherwise, in performing a governmentalfunction.

 

6-5-102. Bribery; penalties.

 

(a) A person commits bribery, if:

 

(i) He offers, confers or agrees to confer any pecuniarybenefit, testimonial, privilege or personal advantage upon a public servant asconsideration for the public servant's vote, exercise of discretion or otheraction in his official capacity; or

 

(ii) While a public servant, he solicits, accepts or agrees toaccept any pecuniary benefit, testimonial, privilege or personal advantage uponan agreement or understanding that his vote, exercise of discretion or otheraction as a public servant will thereby be influenced.

 

(b) Bribery is a felony punishable by imprisonment for not morethan ten (10) years, a fine of not more than five thousand dollars ($5,000.00),or both.

 

6-5-103. Compensation for past official behavior; penalties.

 

(a) A person commits an offense if he solicits, accepts oragrees to accept any pecuniary benefit as compensation for having, as a publicservant, given a decision or vote favorable to another, or for having otherwiseexercised a discretion in his favor, or for having violated his statutoryduties. For purposes of this section, "compensation" does not includemere acceptance of an offer of employment.

 

(b) Compensation for past official behavior is a felonypunishable by imprisonment for not more than ten (10) years, a fine of not morethan five thousand dollars ($5,000.00), or both.

 

6-5-104. Soliciting unlawful compensation; penalties.

 

(a) A public servant commits soliciting unlawful compensationif he solicits, accepts or agrees to accept a pecuniary benefit for theperformance of an official action knowing that he was required to perform thataction without compensation or at a level of compensation lower than thatrequested.

 

(b) Soliciting unlawful compensation is a felony punishable byimprisonment for not more than ten (10) years, a fine of not more than fivethousand dollars ($5,000.00), or both.

 

6-5-105. Designation of supplier; penalties; affirmative defense.

 

(a) No public servant shall require or direct a bidder orcontractor to deal with a particular person in procuring any goods or servicerequired in submitting a bid to or fulfilling a contract with any government.

 

(b) A provision in an invitation to bid or a contract documentwhich violates this section is against public policy and voidable.

 

(c) It is an affirmative defense that the defendant was apublic servant acting within the scope of his authority exercising the right toreject any material, subcontractor, service, bond or contract tendered by abidder or contractor because it did not meet bona fide specifications orrequirements relating to quality, availability, experience or financialresponsibility.

 

(d) Designating a supplier 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.

 

6-5-106. Conflict of interest; penalties; disclosure of interest andwithdrawal from participation.

 

(a) Except as provided by subsection (b) of this section, apublic servant commits an offense if he requests or receives any pecuniarybenefit, other than lawful compensation, on any contract, or for the letting ofany contract, or making any appointment where the government employing orsubject to the discretion or decisions of the public servant is concerned.

 

(b) If any public servant discloses the nature and extent ofhis pecuniary interest to all parties concerned therewith and does not participateduring the considerations and vote thereon and does not attempt to influenceany of the parties and does not act for the governing body with respect to thecontracts or appointments, then the acts are not unlawful under subsection (a)of this section. Subsection (a) of this section does not apply to theoperation, administration, inspection or performance of banking and depositcontracts or relationships after the selection of a depository.

 

(c) Violation of subsection (a) of this section is a misdemeanorpunishable by a fine of not more than five thousand dollars ($5,000.00).

 

6-5-107. Official misconduct; penalties.

 

(a) A public servant or public officer commits a misdemeanorpunishable by a fine of not more than five thousand dollars ($5,000.00), if,with intent to obtain a pecuniary benefit or maliciously to cause harm toanother, he knowingly:

 

(i) Commits an unauthorized act relating to his officialduties;

 

(ii) Refrains from performing a duty imposed upon him by law; or

 

(iii) Violates any statute relating to his official duties.

 

(b) A public officer commits a misdemeanor punishable by a fineof not more than seven hundred fifty dollars ($750.00) if he intentionallyfails to perform a duty in the manner and within the time prescribed by law.

 

6-5-108. Issuing false certificate; penalties.

 

(a) A public servant commits a felony punishable byimprisonment for not more than ten (10) years, a fine of not more than tenthousand dollars ($10,000.00), or both, if he makes and issues an officialcertificate or other official written instrument which he is authorized to makeand issue containing a statement which he knows to be false with intent toobtain a benefit or maliciously to cause harm to another.

 

(b) A public servant commits a misdemeanor punishable byimprisonment for not more than one (1) year, a fine of not more than onethousand dollars ($1,000.00), or both, if he makes and issues an officialcertificate or other official written instrument which he is authorized to makeand issue containing a statement which he knows to be false.

 

6-5-109. Repealed by Laws 1984, ch. 44, 3.

 

6-5-110. Wrongful appropriation of public property; penalties.

 

(a) A public servant who lawfully or unlawfully comes intopossession of any property of any government and who, with intent temporarilyto deprive the owner of its use and benefit, converts any of the publicproperty to his own use or any use other than the public use authorized by lawis guilty of wrongful appropriation of public property.

 

(b) Wrongful appropriation is a misdemeanor punishable byimprisonment for not more than one (1) year, a fine of not more than onethousand dollars ($1,000.00), or both.

 

6-5-111. Failure or refusal to account for, deliver or pay overproperty; penalties.

 

Apublic servant who fails or refuses to account for, deliver and pay overproperty received by virtue of the office, when legally required by the properperson or authority is guilty of a felony punishable by imprisonment for notmore than five (5) years, a fine of not more than five thousand dollars($5,000.00), or both.

 

6-5-112. Mistreating persons in institutions or mental hospital;penalties; no bar to other criminal action.

 

(a) A person commits a felony punishable by imprisonment fornot more than three (3) years, a fine of not more than three thousand dollars($3,000.00), or both, if he:

 

(i) Is an employee of, or is responsible for the care of aperson in, a reformatory, penal or charitable institution or a mental hospitaland treats him with unnecessary severity, harshness or cruelty; or

 

(ii) Is an officer required by law to perform an act with regardto persons in a reformatory, penal or charitable institution or a mentalhospital and he intentionally refuses or neglects to perform the act.

 

(b) This section does not bar prosecution, under any othercriminal statute, of a person responsible for the care of a person in areformatory, penal or charitable institution or a mental hospital, even if healso violates this section.

 

6-5-113. Removal from office after judgment of conviction.

 

Ajudgment of conviction rendered under W.S. 6-5-102 through 6-5-112 and 6-5-117against any public servant, except state elected officials, supreme courtjustices, district court judges and circuit court judges, shall result inremoval from office or discharge from employment.

 

6-5-114. Notaries public; issuance of certificate without properacknowledgment; penalties.

 

Anotary public commits 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 he signs and affixes his seal to a certificate of acknowledgmentwhen the party executing the instrument has not first acknowledged theexecution of the instrument before the notary public, if by law the instrumentis required to be recorded or filed and cannot be filed without a certificateof acknowledgment signed and sealed by a notary public.

 

6-5-115. Neglect or refusal of ministerial officer to perform duty incriminal case; unnecessary delay in serving warrant; penalties.

 

(a) A person commits a misdemeanor punishable by imprisonmentfor not more than six (6) months, a fine of not more than five hundred dollars($500.00), or both, if he is:

 

(i) A clerk, sheriff, coroner or other ministerial officer whorefuses or neglects to perform any duty he is required by law to perform in anycriminal case or proceeding; or

 

(ii) An officer who unnecessarily delays serving a warrantlegally issued in any criminal case when it is his duty to execute and in hispower to serve the warrant.

 

6-5-116. Public officer acting before qualifying; penalty.

 

Anelected or appointed public officer or his deputy commits a misdemeanorpunishable by a fine of not more than one thousand dollars ($1,000.00) if heperforms any duty of his office without taking and subscribing the oathprescribed by law or before giving and filing the bond required by law.

 

6-5-117. Public officer demanding kickback from deputy; penalties.

 

Apublic officer who requires a deputy appointed by him to divide or pay back tothe officer a part of the legal fees of the deputy is guilty of a felonypunishable by imprisonment for not more than three (3) years, a fine of notmore than five thousand dollars ($5,000.00), or both.

 

6-5-118. Conflict of interest; public investments; disclosurerequired; penalty; definitions.

 

(a) No public officer or public servant who invests publicfunds for a unit of government, or who has authority to decide how public fundsare invested, shall transact any personal business with, receive any pecuniarybenefit from or have any financial interest in any entity, other than agovernmental entity, unless he has disclosed the benefit or interest in writingto the body of which he is a member or entity for which he is working.Disclosures shall be made annually in a public meeting and shall be made partof the record of proceedings. The public officer or public servant shall makethe written disclosure prior to investing any public funds in any entity, otherthan a governmental entity, which:

 

(i) Provides any services related to investment of funds bythat same unit of government; or

 

(ii) Has a financial interest in any security or otherinvestment made by that unit of government.

 

(b) A violation of subsection (a) of this section is amisdemeanor punishable by imprisonment for not more than six (6) months, a fineof not more than seven hundred fifty dollars ($750.00), or both.

 

(c) The definitions in W.S. 6-5-101 shall apply to this sectionexcept "pecuniary benefit" shall also include benefits in the form ofservices such as, but not limited to, transportation and lodging. As used inthis section, "personal business" means any activity that is not agovernmental function as defined in W.S. 6-5-101(a)(ii).

 

ARTICLE 2 - HINDERING GOVERNMENT OPERATIONS

 

6-5-201. Definitions.

 

(a) As used in this article:

 

(i) "Emergency" means a crime or a situation whichcould result in a public official responding in an authorized emergency vehicleor which could jeopardize public safety and could result in the evacuation ofany area, building, structure, vehicle or other place people may enter;

 

(ii) "Official detention" means arrest, detention in afacility for custody of persons under charge or conviction of crime or allegedor found to be delinquent, detention for extradition or deportation, ordetention in any manner and in any place for law enforcement purposes."Official detention" does not include supervision on probation orparole or constraint incidental to release on bail;

 

(iii) "Relative" means a grandparent, grandchild,mother, father, husband, wife, sister, brother or child; and

 

(iv) "Render assistance" means to:

 

(A) Harbor or conceal the person;

 

(B) Warn the person of impending discovery or apprehension,excluding an official warning given in an effort to bring the person intocompliance with the law;

 

(C) Provide the person with money, transportation, weapon,disguise or other thing to be used in avoiding discovery or apprehension;

 

(D) By force, intimidation or deception, obstruct anyone in theperformance of any act which might aid in the discovery, detection,apprehension, prosecution, conviction or punishment of the person; or

 

(E) Conceal, destroy or alter any physical evidence that mightaid in the discovery, detection, apprehension, prosecution, conviction orpunishment of the person.

 

6-5-202. Accessory after the fact; penalties.

 

(a) A person is an accessory after the fact if, with intent tohinder, delay or prevent the discovery, detection, apprehension, prosecution,detention, conviction or punishment of another for the commission of a crime,he renders assistance to the person.

 

(b) An accessory after the fact commits:

 

(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,if the crime is a felony and the person acting as an accessory is not arelative of the person committing the crime;

 

(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:

 

(A) The crime is a felony and the person acting as an accessoryis a relative of the person committing the crime;

 

(B) The crime is a misdemeanor and the person acting as anaccessory is not a relative of the person committing the crime; or

 

(C) The principal is a minor.

 

(iii) No violation if the crime is a misdemeanor and the personacting as an accessory is a relative of the person committing the crime.

 

6-5-203. Compounding; penalties.

 

(a) A person commits compounding if, knowing of the actualcommission of a crime or the violation of a statute for which a penalty orforfeiture is prescribed, he takes property or accepts an offer of propertyupon an agreement or understanding, express or implied, to:

 

(i) Compound or conceal the crime or violation;

 

(ii) Abstain from prosecuting the crime or violation;

 

(iii) Withhold evidence of the crime or violation; or

 

(iv) Encourage or procure the absence of witnesses or testimonyat the examination or trial of the crime or violation.

 

(b) A person commits compounding of a crime or a violation of astatute for which a penalty or forfeiture is prescribed if he takes property oraccepts an offer of property upon an agreement or understanding, express orimplied, to:

 

(i) Compound, discontinue or delay a pending prosecution forthe crime or violation;

 

(ii) Withhold evidence of the crime or violation; or

 

(iii) Encourage or procure the absence of witnesses or othertestimony at the examination or trial of the crime or violation.

 

(c) Compounding is:

 

(i) A misdemeanor punishable by imprisonment for not more thanone (1) year, a fine of not more than two thousand dollars ($2,000.00), orboth:

 

(A) Under subsection (b) of this section;

 

(B) If a misdemeanor is compounded; or

 

(C) If a violation of a statute for which a penalty orforfeiture is prescribed is compounded.

 

(ii) 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 bothif a felony punishable by imprisonment is compounded;

 

(iii) A felony punishable by imprisonment for not more than five(5) years, a fine of not more than five thousand dollars ($5,000.00), or both,if a felony punishable by death is compounded.

 

6-5-204. Interference with peace officer; disarming peace officer;penalties.

 

(a) A person commits a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both, if he knowingly obstructs, impedes or interferes with orresists arrest by a peace officer while engaged in the lawful performance ofhis official duties.

 

(b) A person who intentionally and knowingly causes or attemptsto cause bodily injury to a peace officer engaged in the lawful performance ofhis official duties is guilty of a felony punishable by imprisonment for notmore than ten (10) years.

 

(c) A person who intentionally and knowingly disarms a peaceofficer of his firearm while that peace officer is engaged in the lawfulperformance of his official duties is guilty of a felony punishable byimprisonment for not more than five (5) years.

 

(d) For the purposes of this section only, "peaceofficer" means as defined in W.S. 6-1-104(a)(vi) and also includes anyperson employed by the state department of corrections on a full-time basis asa probation and parole agent or supervisor to assess, supervise, monitor,track, visit or control persons who are released from incarceration underconditions of parole or who are sentenced under conditions of probation.

 

6-5-205. Running manned roadblock; penalties.

 

Aperson commits a misdemeanor punishable by imprisonment for not more than six(6) months, a fine of not more than seven hundred fifty dollars ($750.00), orboth, if he proceeds or travels through a roadblock which is supervised by auniformed peace officer without stopping and obeying the instructions of thepeace officer.

 

6-5-206. Escape from official detention; penalties.

 

(a) A person commits a crime if he escapes from officialdetention. Escape is:

 

(i) A felony punishable by imprisonment for not more than ten(10) years, if the detention is the result of a conviction for a felony;

 

(ii) 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,if the detention is the result of:

 

(A) A conviction for a misdemeanor; or

 

(B) An arrest or charge for a crime.

 

6-5-207. Escape by violence or assault, or while armed; penalty.

 

Aperson commits a felony punishable by imprisonment for not more than ten (10)years if he escapes from official detention by violence or while armed with adeadly weapon or by assault upon a person in charge of the detention.

 

6-5-208. Taking controlled substances or liquor into jails, penalinstitutions or mental hospitals; penalties.

 

Exceptas authorized by a person in charge, a person commits a felony punishable byimprisonment for not more than three (3) years, a fine of not more than threethousand dollars ($3,000.00), or both, if that person takes or passes anycontrolled substance or intoxicating liquor into a jail, a state penal institution,the Wyoming boys' school, Wyoming girls' school, a correctional facilityoperated by a private entity pursuant to W.S. 7-22-102 or the state hospital.

 

6-5-209. Taking deadly weapons into jails, penal institutions ormental hospitals; penalties.

 

Exceptas authorized by a person in charge, a person commits a felony punishable byimprisonment for not more than ten (10) years, a fine of not more than tenthousand dollars ($10,000.00), or both, if that person takes or passes a deadlyweapon into a jail, a state penal institution, the Wyoming boys' school,Wyoming girls' school, a correctional facility operated by a private entitypursuant to W.S. 7-22-102 or the state hospital.

 

6-5-210. False reporting to authorities; penalties.

 

(a) A person who knowingly reports falsely to a law enforcementagency or a fire department that:

 

(i) A crime has been committed 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;

 

(ii) An emergency exists is guilty of a misdemeanor punishableby imprisonment for not more than one (1) year, a fine of not more than onethousand dollars ($1,000.00), or both;

 

(iii) An emergency exists, when the false report results in anyperson suffering serious bodily harm, is guilty of a felony punishable byimprisonment for not more than five (5) years, a fine of not more than fivethousand dollars ($5,000.00), or both;

 

(iv) An emergency exists, when the false report results in thedeath of any person, is guilty of manslaughter punishable as provided in W.S.6-2-105.

 

6-5-211. Injuring or killing a police dog, fire dog, search andrescue dog or police horse prohibited; penalties.

 

(a) Any person who knowingly, willfully and without lawfulcause or justification permanently disables or inflicts death upon any animaldefined in subsection (b) of this section shall be liable for restitution byorder of a court and shall be guilty of a felony punishable by imprisonment fornot more than ten (10) years, a fine of not more than ten thousand dollars($10,000.00), or both.

 

(b) As used in this section:

 

(i) "Police dog" means any dog that is owned, or theservice of which is employed, by a law enforcement or corrections agency forthe principal purpose of aiding in the detection of criminal activity,enforcement of laws or apprehension of offenders;

 

(ii) "Police horse" means any horse that is owned, orthe service of which is employed, by a law enforcement or corrections agency forthe principal purpose of aiding in the detection of criminal activity,enforcement of laws or apprehension of offenders;

 

(iii) "Fire dog" means any dog that is owned, or theservice of which is employed, by a fire department, a special fire district orthe state fire marshal for the principal purpose of aiding in the detection offlammable materials or the investigation of fires;

 

(iv) "Search and rescue dog" means any search andrescue dog that is owned, or the service of which is utilized, by a firedepartment, a law enforcement or corrections agency, a special fire district orthe state fire marshal for the principal purpose of aiding in the detection ofmissing persons, including persons who are lost, who are trapped under debrisas a result of a natural, manmade or technological disaster or who are drowningvictims.

 

6-5-212. Interference with emergency calls.

 

(a) A person commits 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 he knowingly obstructs, prevents, hinders orotherwise interferes with the making or completion of a telephone call to a 911emergency reporting system or other telephone or radio communication by anotherperson to any law enforcement agency to request protection or other assistancefrom the law enforcement agency or to report the commission of a crime.

 

(b) For purposes of this section "911 emergency reportingsystem" means as defined by W.S. 16-9-102(a)(iv).

 

6-5-213. Taking contraband into penal institutions or correctionalfacilities; definitions; penalties.

 

(a) Except as authorized by a person in charge, no personshall:

 

(i) Intentionally convey or attempt to convey contraband to aperson confined in a penal institution or correctional facility; or

 

(ii) Intentionally make, obtain or possess contraband if theperson is officially confined in a penal institution or correctional facility.

 

(b) Any person who violates any provision of subsection (a) ofthis section is guilty of a misdemeanor punishable by imprisonment for not morethan one (1) year, a fine of not more than two thousand dollars ($2,000.00), orboth.

 

(c) As used in this section:

 

(i) "Contraband" means:

 

(A) Cellular telephone or other unauthorized electroniccommunications device;

 

(B) Cigarette or other tobacco product;

 

(C) Money;

 

(D) Any tool or other item that may be used to facilitateescape from the custody of the penal institution or correctional facility; or

 

(E) Any other item that the person confined in the officialcustody of a penal institution or correctional facility is prohibited by lawfrom making, obtaining or possessing.

 

(ii) "Penal institution or correctional facility"means a jail, a state penal institution or a correctional facility operated bya private entity pursuant to W.S. 7-22-102.

 

ARTICLE 3 - PERJURY AND CRIMINAL FALSIFICATION

 

6-5-301. Perjury in judicial, legislative or administrativeproceedings; penalties.

 

(a) A person commits perjury if, while under a lawfullyadministered oath or affirmation, he knowingly testifies falsely or makes afalse affidavit, certificate, declaration, deposition or statement, in ajudicial, legislative or administrative proceeding in which an oath oraffirmation may be required by law, touching a matter material to a point inquestion.

 

(b) Perjury is a felony punishable by imprisonment for not morethan five (5) years, a fine of not more than five thousand dollars ($5,000.00),or both.

 

6-5-302. Proof of solicitation of perjury.

 

Ina trial for soliciting perjury, no conviction shall be had on the evidence ofthe person solicited, unsupported by other testimony.

 

6-5-303. False swearing in nonjudicial or nonadministrativeproceeding; false claims or vouchers; penalties.

 

(a) A person commits a felony punishable by imprisonment fornot more than two (2) years, a fine of not more than two thousand dollars($2,000.00), or both, if, while under a lawfully administered oath oraffirmation in a matter where an oath is authorized by law, he knowingly makesa false certificate, affidavit, acknowledgment, declaration or statement otherthan in a judicial or administrative proceeding.

 

(b) A person is guilty of a felony punishable by imprisonmentfor not more than two (2) years, a fine of not more than two thousand dollars($2,000.00), or both, if he knowingly submits a false claim or voucher withintent to defraud.

 

(c) A person who knowingly makes a false certification underW.S. 1-2-104 is guilty of a felony punishable by imprisonment for not more thantwo (2) years, a fine of not more than two thousand dollars ($2,000.00), orboth.

 

6-5-304. Offering mining claims for filing without meeting legalprerequisites; penalties.

 

Aperson commits a felony punishable by imprisonment for not more than two (2)years, a fine of not more than two thousand dollars ($2,000.00), or both, if heoffers a location certificate for a placer mining claim or a lode claim or anaffidavit of assessment work to be filed with a county clerk's office knowingthe claim, certificate or affidavit was not preceded by a proper location ofthe claim physically upon the ground by establishing a proper notice of claimand designating the surface boundaries as required by law.

 

6-5-305. Influencing, intimidating or impeding jurors, witnesses andofficers; obstructing or impeding justice; penalties.

 

(a) A person commits a felony punishable by imprisonment fornot more than ten (10) years, a fine of not more than five thousand dollars($5,000.00), or both, if, by force or threats, he attempts to influence,intimidate or impede a juror, witness or officer in the discharge of his duty.

 

(b) A person commits a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both, if, by threats or force, he obstructs or impedes theadministration of justice in a court.

 

6-5-306. Refusal to appear or testify; avoidance of service;penalties; summary proceedings for contempt.

 

(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:

 

(i) Refuses or intentionally fails to obey a lawful subpoena orcitation which has been served upon him;

 

(ii) Secretes himself or leaves his residence to avoid beingserved with a subpoena; or

 

(iii) Refuses to take an oath or affirmation or, being sworn oraffirmed, refuses to answer a question required by the court or presidingofficer.

 

(b) This section shall not prevent summary proceedings forcontempt.

 

6-5-307. Usurpation; penalties.

 

Aperson is guilty of usurpation if he falsely represents himself to be a publicservant with the intent to induce anyone to submit to the pretended official authorityor to act in reliance upon the pretense to his detriment. Usurpation is amisdemeanor punishable by imprisonment for not to exceed six (6) months, a fineof not more than seven hundred fifty dollars ($750.00), or both.

 

6-5-308. Penalty for filing false document.

 

(a) A person commits a felony punishable by imprisonment fornot more than two (2) years, a fine of not more than two thousand dollars($2,000.00), or both, if he files with the secretary of state and willfully orknowingly:

 

(i) Falsifies, conceals or covers up by any trick, scheme ordevice a material fact;

 

(ii) Makes any materially false, fictitious or fraudulentstatement or representation; or

 

(iii) Makes or uses any false writing or document knowing thesame to contain any materially false, fictitious or fraudulent statement orentry.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title6 > Chapter5

CHAPTER 5 - OFFENSES AGAINST PUBLIC ADMINISTRATION

 

ARTICLE 1 - OFFENSES BY PUBLIC OFFICIALS

 

6-5-101. Definitions.

 

(a) As used in this article:

 

(i) "Government" includes any branch, subdivision oragency of the state of Wyoming or any city, town, county, school district orspecial district within it;

 

(ii) "Governmental function" includes any activitywhich a public servant is legally authorized to undertake on behalf of agovernment;

 

(iii) "Harm" means loss, disadvantage or injury;

 

(iv) "Pecuniary benefit" is benefit in the form ofproperty, but does not include:

 

(A) Property with a value of less than twenty dollars ($20.00);

 

(B) Food or drink or entertainment authorized as a properdeductible expense for income tax purposes under the United States InternalRevenue Code up to an amount of one hundred dollars ($100.00) per year; or

 

(C) Contributions to a political campaign of a public servantas provided in W.S. 22-25-102.

 

(v) "Public officer" means a person who holds anoffice which is created or granted authority by the constitution or thelegislature and who exercises a portion of the sovereign power of the state;

 

(vi) "Public servant" means any officer or employee ofgovernment, including legislators and judges, and any person participating, asjuror, witness, advisor, consultant or otherwise, in performing a governmentalfunction.

 

6-5-102. Bribery; penalties.

 

(a) A person commits bribery, if:

 

(i) He offers, confers or agrees to confer any pecuniarybenefit, testimonial, privilege or personal advantage upon a public servant asconsideration for the public servant's vote, exercise of discretion or otheraction in his official capacity; or

 

(ii) While a public servant, he solicits, accepts or agrees toaccept any pecuniary benefit, testimonial, privilege or personal advantage uponan agreement or understanding that his vote, exercise of discretion or otheraction as a public servant will thereby be influenced.

 

(b) Bribery is a felony punishable by imprisonment for not morethan ten (10) years, a fine of not more than five thousand dollars ($5,000.00),or both.

 

6-5-103. Compensation for past official behavior; penalties.

 

(a) A person commits an offense if he solicits, accepts oragrees to accept any pecuniary benefit as compensation for having, as a publicservant, given a decision or vote favorable to another, or for having otherwiseexercised a discretion in his favor, or for having violated his statutoryduties. For purposes of this section, "compensation" does not includemere acceptance of an offer of employment.

 

(b) Compensation for past official behavior is a felonypunishable by imprisonment for not more than ten (10) years, a fine of not morethan five thousand dollars ($5,000.00), or both.

 

6-5-104. Soliciting unlawful compensation; penalties.

 

(a) A public servant commits soliciting unlawful compensationif he solicits, accepts or agrees to accept a pecuniary benefit for theperformance of an official action knowing that he was required to perform thataction without compensation or at a level of compensation lower than thatrequested.

 

(b) Soliciting unlawful compensation is a felony punishable byimprisonment for not more than ten (10) years, a fine of not more than fivethousand dollars ($5,000.00), or both.

 

6-5-105. Designation of supplier; penalties; affirmative defense.

 

(a) No public servant shall require or direct a bidder orcontractor to deal with a particular person in procuring any goods or servicerequired in submitting a bid to or fulfilling a contract with any government.

 

(b) A provision in an invitation to bid or a contract documentwhich violates this section is against public policy and voidable.

 

(c) It is an affirmative defense that the defendant was apublic servant acting within the scope of his authority exercising the right toreject any material, subcontractor, service, bond or contract tendered by abidder or contractor because it did not meet bona fide specifications orrequirements relating to quality, availability, experience or financialresponsibility.

 

(d) Designating a supplier 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.

 

6-5-106. Conflict of interest; penalties; disclosure of interest andwithdrawal from participation.

 

(a) Except as provided by subsection (b) of this section, apublic servant commits an offense if he requests or receives any pecuniarybenefit, other than lawful compensation, on any contract, or for the letting ofany contract, or making any appointment where the government employing orsubject to the discretion or decisions of the public servant is concerned.

 

(b) If any public servant discloses the nature and extent ofhis pecuniary interest to all parties concerned therewith and does not participateduring the considerations and vote thereon and does not attempt to influenceany of the parties and does not act for the governing body with respect to thecontracts or appointments, then the acts are not unlawful under subsection (a)of this section. Subsection (a) of this section does not apply to theoperation, administration, inspection or performance of banking and depositcontracts or relationships after the selection of a depository.

 

(c) Violation of subsection (a) of this section is a misdemeanorpunishable by a fine of not more than five thousand dollars ($5,000.00).

 

6-5-107. Official misconduct; penalties.

 

(a) A public servant or public officer commits a misdemeanorpunishable by a fine of not more than five thousand dollars ($5,000.00), if,with intent to obtain a pecuniary benefit or maliciously to cause harm toanother, he knowingly:

 

(i) Commits an unauthorized act relating to his officialduties;

 

(ii) Refrains from performing a duty imposed upon him by law; or

 

(iii) Violates any statute relating to his official duties.

 

(b) A public officer commits a misdemeanor punishable by a fineof not more than seven hundred fifty dollars ($750.00) if he intentionallyfails to perform a duty in the manner and within the time prescribed by law.

 

6-5-108. Issuing false certificate; penalties.

 

(a) A public servant commits a felony punishable byimprisonment for not more than ten (10) years, a fine of not more than tenthousand dollars ($10,000.00), or both, if he makes and issues an officialcertificate or other official written instrument which he is authorized to makeand issue containing a statement which he knows to be false with intent toobtain a benefit or maliciously to cause harm to another.

 

(b) A public servant commits a misdemeanor punishable byimprisonment for not more than one (1) year, a fine of not more than onethousand dollars ($1,000.00), or both, if he makes and issues an officialcertificate or other official written instrument which he is authorized to makeand issue containing a statement which he knows to be false.

 

6-5-109. Repealed by Laws 1984, ch. 44, 3.

 

6-5-110. Wrongful appropriation of public property; penalties.

 

(a) A public servant who lawfully or unlawfully comes intopossession of any property of any government and who, with intent temporarilyto deprive the owner of its use and benefit, converts any of the publicproperty to his own use or any use other than the public use authorized by lawis guilty of wrongful appropriation of public property.

 

(b) Wrongful appropriation is a misdemeanor punishable byimprisonment for not more than one (1) year, a fine of not more than onethousand dollars ($1,000.00), or both.

 

6-5-111. Failure or refusal to account for, deliver or pay overproperty; penalties.

 

Apublic servant who fails or refuses to account for, deliver and pay overproperty received by virtue of the office, when legally required by the properperson or authority is guilty of a felony punishable by imprisonment for notmore than five (5) years, a fine of not more than five thousand dollars($5,000.00), or both.

 

6-5-112. Mistreating persons in institutions or mental hospital;penalties; no bar to other criminal action.

 

(a) A person commits a felony punishable by imprisonment fornot more than three (3) years, a fine of not more than three thousand dollars($3,000.00), or both, if he:

 

(i) Is an employee of, or is responsible for the care of aperson in, a reformatory, penal or charitable institution or a mental hospitaland treats him with unnecessary severity, harshness or cruelty; or

 

(ii) Is an officer required by law to perform an act with regardto persons in a reformatory, penal or charitable institution or a mentalhospital and he intentionally refuses or neglects to perform the act.

 

(b) This section does not bar prosecution, under any othercriminal statute, of a person responsible for the care of a person in areformatory, penal or charitable institution or a mental hospital, even if healso violates this section.

 

6-5-113. Removal from office after judgment of conviction.

 

Ajudgment of conviction rendered under W.S. 6-5-102 through 6-5-112 and 6-5-117against any public servant, except state elected officials, supreme courtjustices, district court judges and circuit court judges, shall result inremoval from office or discharge from employment.

 

6-5-114. Notaries public; issuance of certificate without properacknowledgment; penalties.

 

Anotary public commits 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 he signs and affixes his seal to a certificate of acknowledgmentwhen the party executing the instrument has not first acknowledged theexecution of the instrument before the notary public, if by law the instrumentis required to be recorded or filed and cannot be filed without a certificateof acknowledgment signed and sealed by a notary public.

 

6-5-115. Neglect or refusal of ministerial officer to perform duty incriminal case; unnecessary delay in serving warrant; penalties.

 

(a) A person commits a misdemeanor punishable by imprisonmentfor not more than six (6) months, a fine of not more than five hundred dollars($500.00), or both, if he is:

 

(i) A clerk, sheriff, coroner or other ministerial officer whorefuses or neglects to perform any duty he is required by law to perform in anycriminal case or proceeding; or

 

(ii) An officer who unnecessarily delays serving a warrantlegally issued in any criminal case when it is his duty to execute and in hispower to serve the warrant.

 

6-5-116. Public officer acting before qualifying; penalty.

 

Anelected or appointed public officer or his deputy commits a misdemeanorpunishable by a fine of not more than one thousand dollars ($1,000.00) if heperforms any duty of his office without taking and subscribing the oathprescribed by law or before giving and filing the bond required by law.

 

6-5-117. Public officer demanding kickback from deputy; penalties.

 

Apublic officer who requires a deputy appointed by him to divide or pay back tothe officer a part of the legal fees of the deputy is guilty of a felonypunishable by imprisonment for not more than three (3) years, a fine of notmore than five thousand dollars ($5,000.00), or both.

 

6-5-118. Conflict of interest; public investments; disclosurerequired; penalty; definitions.

 

(a) No public officer or public servant who invests publicfunds for a unit of government, or who has authority to decide how public fundsare invested, shall transact any personal business with, receive any pecuniarybenefit from or have any financial interest in any entity, other than agovernmental entity, unless he has disclosed the benefit or interest in writingto the body of which he is a member or entity for which he is working.Disclosures shall be made annually in a public meeting and shall be made partof the record of proceedings. The public officer or public servant shall makethe written disclosure prior to investing any public funds in any entity, otherthan a governmental entity, which:

 

(i) Provides any services related to investment of funds bythat same unit of government; or

 

(ii) Has a financial interest in any security or otherinvestment made by that unit of government.

 

(b) A violation of subsection (a) of this section is amisdemeanor punishable by imprisonment for not more than six (6) months, a fineof not more than seven hundred fifty dollars ($750.00), or both.

 

(c) The definitions in W.S. 6-5-101 shall apply to this sectionexcept "pecuniary benefit" shall also include benefits in the form ofservices such as, but not limited to, transportation and lodging. As used inthis section, "personal business" means any activity that is not agovernmental function as defined in W.S. 6-5-101(a)(ii).

 

ARTICLE 2 - HINDERING GOVERNMENT OPERATIONS

 

6-5-201. Definitions.

 

(a) As used in this article:

 

(i) "Emergency" means a crime or a situation whichcould result in a public official responding in an authorized emergency vehicleor which could jeopardize public safety and could result in the evacuation ofany area, building, structure, vehicle or other place people may enter;

 

(ii) "Official detention" means arrest, detention in afacility for custody of persons under charge or conviction of crime or allegedor found to be delinquent, detention for extradition or deportation, ordetention in any manner and in any place for law enforcement purposes."Official detention" does not include supervision on probation orparole or constraint incidental to release on bail;

 

(iii) "Relative" means a grandparent, grandchild,mother, father, husband, wife, sister, brother or child; and

 

(iv) "Render assistance" means to:

 

(A) Harbor or conceal the person;

 

(B) Warn the person of impending discovery or apprehension,excluding an official warning given in an effort to bring the person intocompliance with the law;

 

(C) Provide the person with money, transportation, weapon,disguise or other thing to be used in avoiding discovery or apprehension;

 

(D) By force, intimidation or deception, obstruct anyone in theperformance of any act which might aid in the discovery, detection,apprehension, prosecution, conviction or punishment of the person; or

 

(E) Conceal, destroy or alter any physical evidence that mightaid in the discovery, detection, apprehension, prosecution, conviction orpunishment of the person.

 

6-5-202. Accessory after the fact; penalties.

 

(a) A person is an accessory after the fact if, with intent tohinder, delay or prevent the discovery, detection, apprehension, prosecution,detention, conviction or punishment of another for the commission of a crime,he renders assistance to the person.

 

(b) An accessory after the fact commits:

 

(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,if the crime is a felony and the person acting as an accessory is not arelative of the person committing the crime;

 

(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:

 

(A) The crime is a felony and the person acting as an accessoryis a relative of the person committing the crime;

 

(B) The crime is a misdemeanor and the person acting as anaccessory is not a relative of the person committing the crime; or

 

(C) The principal is a minor.

 

(iii) No violation if the crime is a misdemeanor and the personacting as an accessory is a relative of the person committing the crime.

 

6-5-203. Compounding; penalties.

 

(a) A person commits compounding if, knowing of the actualcommission of a crime or the violation of a statute for which a penalty orforfeiture is prescribed, he takes property or accepts an offer of propertyupon an agreement or understanding, express or implied, to:

 

(i) Compound or conceal the crime or violation;

 

(ii) Abstain from prosecuting the crime or violation;

 

(iii) Withhold evidence of the crime or violation; or

 

(iv) Encourage or procure the absence of witnesses or testimonyat the examination or trial of the crime or violation.

 

(b) A person commits compounding of a crime or a violation of astatute for which a penalty or forfeiture is prescribed if he takes property oraccepts an offer of property upon an agreement or understanding, express orimplied, to:

 

(i) Compound, discontinue or delay a pending prosecution forthe crime or violation;

 

(ii) Withhold evidence of the crime or violation; or

 

(iii) Encourage or procure the absence of witnesses or othertestimony at the examination or trial of the crime or violation.

 

(c) Compounding is:

 

(i) A misdemeanor punishable by imprisonment for not more thanone (1) year, a fine of not more than two thousand dollars ($2,000.00), orboth:

 

(A) Under subsection (b) of this section;

 

(B) If a misdemeanor is compounded; or

 

(C) If a violation of a statute for which a penalty orforfeiture is prescribed is compounded.

 

(ii) 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 bothif a felony punishable by imprisonment is compounded;

 

(iii) A felony punishable by imprisonment for not more than five(5) years, a fine of not more than five thousand dollars ($5,000.00), or both,if a felony punishable by death is compounded.

 

6-5-204. Interference with peace officer; disarming peace officer;penalties.

 

(a) A person commits a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both, if he knowingly obstructs, impedes or interferes with orresists arrest by a peace officer while engaged in the lawful performance ofhis official duties.

 

(b) A person who intentionally and knowingly causes or attemptsto cause bodily injury to a peace officer engaged in the lawful performance ofhis official duties is guilty of a felony punishable by imprisonment for notmore than ten (10) years.

 

(c) A person who intentionally and knowingly disarms a peaceofficer of his firearm while that peace officer is engaged in the lawfulperformance of his official duties is guilty of a felony punishable byimprisonment for not more than five (5) years.

 

(d) For the purposes of this section only, "peaceofficer" means as defined in W.S. 6-1-104(a)(vi) and also includes anyperson employed by the state department of corrections on a full-time basis asa probation and parole agent or supervisor to assess, supervise, monitor,track, visit or control persons who are released from incarceration underconditions of parole or who are sentenced under conditions of probation.

 

6-5-205. Running manned roadblock; penalties.

 

Aperson commits a misdemeanor punishable by imprisonment for not more than six(6) months, a fine of not more than seven hundred fifty dollars ($750.00), orboth, if he proceeds or travels through a roadblock which is supervised by auniformed peace officer without stopping and obeying the instructions of thepeace officer.

 

6-5-206. Escape from official detention; penalties.

 

(a) A person commits a crime if he escapes from officialdetention. Escape is:

 

(i) A felony punishable by imprisonment for not more than ten(10) years, if the detention is the result of a conviction for a felony;

 

(ii) 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,if the detention is the result of:

 

(A) A conviction for a misdemeanor; or

 

(B) An arrest or charge for a crime.

 

6-5-207. Escape by violence or assault, or while armed; penalty.

 

Aperson commits a felony punishable by imprisonment for not more than ten (10)years if he escapes from official detention by violence or while armed with adeadly weapon or by assault upon a person in charge of the detention.

 

6-5-208. Taking controlled substances or liquor into jails, penalinstitutions or mental hospitals; penalties.

 

Exceptas authorized by a person in charge, a person commits a felony punishable byimprisonment for not more than three (3) years, a fine of not more than threethousand dollars ($3,000.00), or both, if that person takes or passes anycontrolled substance or intoxicating liquor into a jail, a state penal institution,the Wyoming boys' school, Wyoming girls' school, a correctional facilityoperated by a private entity pursuant to W.S. 7-22-102 or the state hospital.

 

6-5-209. Taking deadly weapons into jails, penal institutions ormental hospitals; penalties.

 

Exceptas authorized by a person in charge, a person commits a felony punishable byimprisonment for not more than ten (10) years, a fine of not more than tenthousand dollars ($10,000.00), or both, if that person takes or passes a deadlyweapon into a jail, a state penal institution, the Wyoming boys' school,Wyoming girls' school, a correctional facility operated by a private entitypursuant to W.S. 7-22-102 or the state hospital.

 

6-5-210. False reporting to authorities; penalties.

 

(a) A person who knowingly reports falsely to a law enforcementagency or a fire department that:

 

(i) A crime has been committed 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;

 

(ii) An emergency exists is guilty of a misdemeanor punishableby imprisonment for not more than one (1) year, a fine of not more than onethousand dollars ($1,000.00), or both;

 

(iii) An emergency exists, when the false report results in anyperson suffering serious bodily harm, is guilty of a felony punishable byimprisonment for not more than five (5) years, a fine of not more than fivethousand dollars ($5,000.00), or both;

 

(iv) An emergency exists, when the false report results in thedeath of any person, is guilty of manslaughter punishable as provided in W.S.6-2-105.

 

6-5-211. Injuring or killing a police dog, fire dog, search andrescue dog or police horse prohibited; penalties.

 

(a) Any person who knowingly, willfully and without lawfulcause or justification permanently disables or inflicts death upon any animaldefined in subsection (b) of this section shall be liable for restitution byorder of a court and shall be guilty of a felony punishable by imprisonment fornot more than ten (10) years, a fine of not more than ten thousand dollars($10,000.00), or both.

 

(b) As used in this section:

 

(i) "Police dog" means any dog that is owned, or theservice of which is employed, by a law enforcement or corrections agency forthe principal purpose of aiding in the detection of criminal activity,enforcement of laws or apprehension of offenders;

 

(ii) "Police horse" means any horse that is owned, orthe service of which is employed, by a law enforcement or corrections agency forthe principal purpose of aiding in the detection of criminal activity,enforcement of laws or apprehension of offenders;

 

(iii) "Fire dog" means any dog that is owned, or theservice of which is employed, by a fire department, a special fire district orthe state fire marshal for the principal purpose of aiding in the detection offlammable materials or the investigation of fires;

 

(iv) "Search and rescue dog" means any search andrescue dog that is owned, or the service of which is utilized, by a firedepartment, a law enforcement or corrections agency, a special fire district orthe state fire marshal for the principal purpose of aiding in the detection ofmissing persons, including persons who are lost, who are trapped under debrisas a result of a natural, manmade or technological disaster or who are drowningvictims.

 

6-5-212. Interference with emergency calls.

 

(a) A person commits 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 he knowingly obstructs, prevents, hinders orotherwise interferes with the making or completion of a telephone call to a 911emergency reporting system or other telephone or radio communication by anotherperson to any law enforcement agency to request protection or other assistancefrom the law enforcement agency or to report the commission of a crime.

 

(b) For purposes of this section "911 emergency reportingsystem" means as defined by W.S. 16-9-102(a)(iv).

 

6-5-213. Taking contraband into penal institutions or correctionalfacilities; definitions; penalties.

 

(a) Except as authorized by a person in charge, no personshall:

 

(i) Intentionally convey or attempt to convey contraband to aperson confined in a penal institution or correctional facility; or

 

(ii) Intentionally make, obtain or possess contraband if theperson is officially confined in a penal institution or correctional facility.

 

(b) Any person who violates any provision of subsection (a) ofthis section is guilty of a misdemeanor punishable by imprisonment for not morethan one (1) year, a fine of not more than two thousand dollars ($2,000.00), orboth.

 

(c) As used in this section:

 

(i) "Contraband" means:

 

(A) Cellular telephone or other unauthorized electroniccommunications device;

 

(B) Cigarette or other tobacco product;

 

(C) Money;

 

(D) Any tool or other item that may be used to facilitateescape from the custody of the penal institution or correctional facility; or

 

(E) Any other item that the person confined in the officialcustody of a penal institution or correctional facility is prohibited by lawfrom making, obtaining or possessing.

 

(ii) "Penal institution or correctional facility"means a jail, a state penal institution or a correctional facility operated bya private entity pursuant to W.S. 7-22-102.

 

ARTICLE 3 - PERJURY AND CRIMINAL FALSIFICATION

 

6-5-301. Perjury in judicial, legislative or administrativeproceedings; penalties.

 

(a) A person commits perjury if, while under a lawfullyadministered oath or affirmation, he knowingly testifies falsely or makes afalse affidavit, certificate, declaration, deposition or statement, in ajudicial, legislative or administrative proceeding in which an oath oraffirmation may be required by law, touching a matter material to a point inquestion.

 

(b) Perjury is a felony punishable by imprisonment for not morethan five (5) years, a fine of not more than five thousand dollars ($5,000.00),or both.

 

6-5-302. Proof of solicitation of perjury.

 

Ina trial for soliciting perjury, no conviction shall be had on the evidence ofthe person solicited, unsupported by other testimony.

 

6-5-303. False swearing in nonjudicial or nonadministrativeproceeding; false claims or vouchers; penalties.

 

(a) A person commits a felony punishable by imprisonment fornot more than two (2) years, a fine of not more than two thousand dollars($2,000.00), or both, if, while under a lawfully administered oath oraffirmation in a matter where an oath is authorized by law, he knowingly makesa false certificate, affidavit, acknowledgment, declaration or statement otherthan in a judicial or administrative proceeding.

 

(b) A person is guilty of a felony punishable by imprisonmentfor not more than two (2) years, a fine of not more than two thousand dollars($2,000.00), or both, if he knowingly submits a false claim or voucher withintent to defraud.

 

(c) A person who knowingly makes a false certification underW.S. 1-2-104 is guilty of a felony punishable by imprisonment for not more thantwo (2) years, a fine of not more than two thousand dollars ($2,000.00), orboth.

 

6-5-304. Offering mining claims for filing without meeting legalprerequisites; penalties.

 

Aperson commits a felony punishable by imprisonment for not more than two (2)years, a fine of not more than two thousand dollars ($2,000.00), or both, if heoffers a location certificate for a placer mining claim or a lode claim or anaffidavit of assessment work to be filed with a county clerk's office knowingthe claim, certificate or affidavit was not preceded by a proper location ofthe claim physically upon the ground by establishing a proper notice of claimand designating the surface boundaries as required by law.

 

6-5-305. Influencing, intimidating or impeding jurors, witnesses andofficers; obstructing or impeding justice; penalties.

 

(a) A person commits a felony punishable by imprisonment fornot more than ten (10) years, a fine of not more than five thousand dollars($5,000.00), or both, if, by force or threats, he attempts to influence,intimidate or impede a juror, witness or officer in the discharge of his duty.

 

(b) A person commits a misdemeanor punishable by imprisonmentfor not more than one (1) year, a fine of not more than one thousand dollars($1,000.00), or both, if, by threats or force, he obstructs or impedes theadministration of justice in a court.

 

6-5-306. Refusal to appear or testify; avoidance of service;penalties; summary proceedings for contempt.

 

(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:

 

(i) Refuses or intentionally fails to obey a lawful subpoena orcitation which has been served upon him;

 

(ii) Secretes himself or leaves his residence to avoid beingserved with a subpoena; or

 

(iii) Refuses to take an oath or affirmation or, being sworn oraffirmed, refuses to answer a question required by the court or presidingofficer.

 

(b) This section shall not prevent summary proceedings forcontempt.

 

6-5-307. Usurpation; penalties.

 

Aperson is guilty of usurpation if he falsely represents himself to be a publicservant with the intent to induce anyone to submit to the pretended official authorityor to act in reliance upon the pretense to his detriment. Usurpation is amisdemeanor punishable by imprisonment for not to exceed six (6) months, a fineof not more than seven hundred fifty dollars ($750.00), or both.

 

6-5-308. Penalty for filing false document.

 

(a) A person commits a felony punishable by imprisonment fornot more than two (2) years, a fine of not more than two thousand dollars($2,000.00), or both, if he files with the secretary of state and willfully orknowingly:

 

(i) Falsifies, conceals or covers up by any trick, scheme ordevice a material fact;

 

(ii) Makes any materially false, fictitious or fraudulentstatement or representation; or

 

(iii) Makes or uses any false writing or document knowing thesame to contain any materially false, fictitious or fraudulent statement orentry.

 

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