§ 6-2-101 — Murder in the first degree; penalty

(a) Whoever purposely and with premeditated malice, or in
the perpetration of, or attempt to perpetrate, any sexual
assault, sexual abuse of a minor, arson, robbery, burglary,
escape, resisting arrest, kidnapping or abuse of a child under
the age of sixteen (16) years, kills any human being is guilty
of murder in the first degree.
(b) A person convicted of murder in the first degree shall
be punished by death, life imprisonment without parole or life
imprisonment according to law, except that a person convicted of
murder in the first degree who was under the age of eighteen
(18) years at the time of the offense shall be punished by life
imprisonment.
(c) A person convicted of murder in the first degree in a
case in which the state seeks the death penalty shall be
sentenced in accordance with the provisions of W.S. 6-2-102. In
all other cases, including any case in which the state has
determined not to seek the death penalty at any stage of the
proceeding, the judge shall determine the sentence of life
imprisonment without parole or life imprisonment taking into
consideration any negotiated plea agreement and any evidence
relevant to a determination of sentence which the court deems to
have probative value.
(d) A person is guilty of murder in the first degree of an
unborn child, punishable as provided for other convictions of
murder in the first degree, if:
(i) The person purposely and with premeditated
malice, or in the perpetration of, or attempt to perpetrate, any
sexual assault, sexual abuse of a minor, arson, robbery,
burglary, escape, resisting arrest, kidnapping or abuse of a
child under the age of sixteen (16) years, kills or attempts to
kill any human being;
(ii) The human being was pregnant with an unborn
child; and
(iii) The unborn child dies as a result of the
person's actions.