§ 6-1-104 — Definitions

Wyoming § 6-1-104

• Jurisdiction: Wyoming
• Title 06: Crimes and Offenses
• Ch. 1: GENERAL PROVISIONS
• Art. 1: IN GENERAL

Text

(a) As used in this act, unless otherwise defined:
(i) "Bodily injury" means:
(A) A cut, abrasion, burn or temporary
disfigurement;
(B) Physical pain; or
(C) Impairment of the function of a bodily
member, organ or mental faculty.
(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
official 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 performing their official duties
or 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, 6-3-401, 6-3-
402, 6-3-410, 6-3-601 through 6-3-603, 6-3-607, 6-3-610 through
6-3-612, 6-3-1002, 6-3-1003, 6-3-1005, 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, district manager, park ranger or reserve 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 enforcing
felony statutes following observation or discovery of the
commission of a felony which was observed or discovered during
the performance of their official duties;
(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.
(R) Any person qualified pursuant to W.S. 9-1-
701 through 9-1-707 and employed by the Wyoming gaming
commission when engaged in the performance of that person's
duties or 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:
(A) Creates a substantial risk of death;
(B) Causes severe protracted physical pain;
(C) Causes severe disfigurement or protracted
loss or impairment of a bodily function;
(D) Causes unconsciousness or a concussion
resulting in protracted loss or impairment of the function of a
bodily member, organ or mental faculty;
(E) Causes burns of the second or third degree
over a significant portion of the body; or
(F) Causes a significant fracture or break of a
bone.
(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, strangulation of a household
member, aircraft hijacking, arson in the first or second degree,
aggravated burglary, a violation of W.S. 6-2-314(a)(i) or 6-2-
315(a)(ii), a third, or subsequent, domestic battery under W.S.
6-2-511(a) and (b)(iii) or a violation of W.S. 6-5-204(b);
(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) Theft in violation of W.S. 6-3-402;
(E) Repealed by Laws 2020, ch. 90, § 3.
(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) Cruelty to animals in violation of W.S. 6-3-
1002(a)(v) through (ix);
(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) and domestic assault in violation of W.S. 6-2-510;
(S) Battery in violation of W.S. 6-2-501(b) and
domestic battery in violation of W.S. 6-2-511.
(xvi) "Courtroom" means a room in which a judge is
presiding over a court of law;
(xvii) "Female genital mutilation" includes the
partial or total removal of the clitoris, prepuce, labia minora,
with or without excision of the labia majora, the narrowing of
the vaginal opening such as through the creation of a covering
seal formed by cutting and repositioning the inner or outer
labia, with or without removal of the clitoris, any harmful
procedure to the genitalia, including pricking, piercing,
incising, scraping or cauterizing or any other actions intended
to alter the structure or function of the female genitalia for
nonmedical reasons. "Female genital mutilation" does not include
a procedure performed by a licensed health care provider that is
medically necessary due to a medically recognized condition or
medically advisable or necessary to preserve or protect the
physical health of the person on whom it is performed;
(xviii) "Unborn child" means a member of the species
homo sapiens, at any state of development, who is carried in a
womb;
(xix) "This act" means title 6 of the Wyoming
statutes.