2010 Wyoming Statutes
Title 6 - Crimes And Offenses
Chapter 1 - General Provisions

CHAPTER 1 - GENERAL PROVISIONS

 

ARTICLE 1 - IN GENERAL

 

6-1-101. Short title; applicability of provisions; conflicting penalties.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

6-1-104. Definitions.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(II) While responding to requests to assist other peace officers performing their official duties or when enforcing a valid arrest warrant for any crime; or

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(G) Federal law enforcement agents;

 

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

 

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

 

(K) Any person employed by the state department of corrections on a full-time basis as a correctional officer to care for, supervise and control persons under the custody of the department, when the person is engaged in the performance of his duties;

 

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

 

(N) Certified law enforcement officers of an adjoining state while responding to a request for assistance from a peace officer in this state pursuant to the "Law Enforcement Interstate Mutual Aid Act" or other lawful request;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(x) "Serious bodily injury" means bodily injury which creates a substantial risk of death or which causes miscarriage, severe disfigurement or protracted loss or impairment of the function of any bodily member or organ;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

ARTICLE 2 - LIABILITY

 

6-1-201. Accessory before the fact.

 

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

 

(b) An accessory before the fact:

 

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

 

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

 

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

 

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

 

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

 

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

 

6-1-203. Battered woman syndrome.

 

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

 

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

 

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

 

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

 

ARTICLE 3 - INCHOATE OFFENSES

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(b) A person is not liable under this section if after conspiring he withdraws from the conspiracy and thwarts its success under circumstances manifesting voluntary and complete renunciation of his criminal intention.

 

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

 

6-1-304. Grading.

 

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