Wyo. Stat. » Wyo. Stat. / Title 01 - Civil Procedure / Chapter 40 - CRIME VICTIMS COMPENSATION / Article 1 - IN GENERAL
Wyoming Statutes

Wyo. Stat. § 1-40-119 (2026)

Surcharge to be assessed in certain criminal

✓ current as of May 2026
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cases; paid to account.

     (a) In addition to any fine or other penalty prescribed by
law, a defendant who pleads guilty or nolo contendere to, or is
convicted of, the following criminal offenses shall be assessed
a surcharge of not less than one hundred dollars ($100.00) nor
more than three hundred dollars ($300.00) for the offenses
specified in paragraph (v) of this subsection, not less than one
hundred fifty dollars ($150.00) nor more than three hundred
fifty dollars ($350.00) for the first plea to or conviction of
offenses specified in paragraphs (i) through (iv) of this
subsection, and not less than two hundred dollars ($200.00) nor
more than four hundred dollars ($400.00) for each subsequent
plea to or conviction of offenses specified in paragraphs (i)
through (iv) of this subsection:

          (i) Any violation of W.S. 6-1-101 through 6-2-313 and
6-2-319 through 6-10-203;

          (ii) Any violation of W.S. 31-5-225, 31-5-229,
31-5-233 or 41-13-220(a);

          (iii)    Any violation of W.S. 35-7-1001 through
35-7-1057;

          (iv)    Any violation of W.S. 6-2-314 through 6-2-318;

          (v) Any violation of a municipal ordinance which has
substantially similar elements to the criminal offenses
specified in paragraphs (ii) through (iv) of this subsection or
any other violation of a municipal ordinance which causes actual
damage to persons or property.

     (b) The surcharge enumerated in subsection (a) of this
section shall be imposed upon any defendant for whom
prosecution, trial or sentence is deferred under W.S. 7-13-301
and 7-13-302 or who participates in any other diversion
agreement.

     (c) Under no circumstances shall a court fail to impose
the surcharge required by subsections (a) and (b) of this
section if the court determines the defendant has an ability to
pay or that a reasonable probability exists that the defendant
will have an ability to pay.

     (d) The surcharge shall be paid within ten (10) days of
imposition unless the court determines that it shall be paid in
installments over a reasonable period of time. Failure to comply
with the provisions for payment of the surcharge is punishable
as contempt of court. Contempt proceedings or other proceedings
to collect the surcharge may be initiated by the prosecuting
attorney, by the court on its own motion or by the division.

     (e) Monies paid to the court by a defendant shall be
applied to the surcharge before being applied to any fine,
penalty, cost or assessment imposed upon the defendant. The
proceeds from the surcharge imposed by this section shall be
remitted promptly by the clerk of the court to the division for
deposit in the account.
Notes of Decisions
Cited in 18 cases (2 in the last 5 years), 1988–2024 · leading case: Jones v. State, 2002 WY 35 (Wyo. 2002).
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Jones v. State, 2002 WY 35 (Wyo. 2002). · cites it 8× “00 required pursuant to Wyo. Stat. Ann. § 1-40-119 (a) (Michie 1997) [12] ) to the Crime Victims Compensation Fund, and to pay $2,306.”
Schiefer v. State, 774 P.2d 133 (Wyo. 1989). · cites it 10× “Further, the legislature allowed the assessment of a victim's compensation surcharge in W.S. 1-40-119 (1986 Cum. Supp.) [8] , and the taxing of attorney's fees was permitted in W.”
Frenzel v. State, 849 P.2d 741 (Wyo. 1993). · cites it 4× “Victim's Compensation Surcharge Appellee has brought to our attention an error by the district court in applying W.S. 1-40-119. The court extended the time for payment of a $700.”
Jones v. State, 771 P.2d 368 (Wyo. 1989). · cites it 4× “[2] On resentencing, appellant should be sentenced under the law in effect at the date of the offense and not the more restrictive and punitive attorney's fee reimbursement and victim's surcharge provisions since enacted, W.S. 8-1-107 and W.S. 6-1-101. The proper statutory…”
Nixon v. State, 4 P.3d 864 (Wyo. 2000). · cites it 4× “§§ 7-9-102 and 7-9-1083 (Lexis 1999) and Wyo. Stat. Ann.§ 1-40-119 (Michie 1997) require that there be evidence in the record supporting the existence of a present or future ability to pay.”
Gregory Michael Hawes v. State, 2016 WY 30 (Wyo. 2016). · cites it 4× “00 surcharge for crime victims under Wyo. Stat. Ann. § 1-40-119 , $75.00 for a substance abuse evaluation, and $1,000.”
Seaton v. State, 811 P.2d 276 (Wyo. 1991). · cites it 4× “W.S. 1-40-119 provides: (a) In addition to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere to, or is convicted of, the following criminal offenses shall be assessed a surcharge of not less than fifty dollars ($50.”
Murray v. State, 855 P.2d 350 (Wyo. 1993). · cites it 3× “Wyo. Stat. § 1-40-119 (Supp.1992) states in pertinent part: (a) In addition to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere to, or is convicted of, the following criminal offenses shall be assessed a surcharge of not less than…”
Chester Loyde Bird v. State, 2015 WY 108 (Wyo. 2015). · cites it 2× “00 vie-tim's compensation surcharge under Wyo. Stat. Ann. § 1-40-119 , due to Appellant's status as a habitual offender, violates constitutional prohibitions against double jeopardy and the enactment of ex post facto laws,.”
John Leslie Chapman v. The State of Wyoming, 2013 WY 57 (Wyo. 2013). · cites it 2× “Crime Victims Compensation Surcharge (Wyo.Stat.Ann. § 1-40-119) 2. Judicial Systems Automation Fee (Wyo.”
Steven R. Barela v. State, 2016 WY 68 (Wyo. 2016). “00 surcharge for the Crime Victim's Compensation Fund under Wyo, Stat, Ann, § 1-40-119, Third, Appellant claims his sentence is illegal due to repeal of the Wyoming Work Release Act, Wyo.”
Trumbull v. State, 2009 WY 103 (Wyo. 2009). “are to run concurrently or consecutively; (C) State whether the sentence is to run concurrently with or consecutive to any other sentence being served or to be served by the defendant; (D) If probation is not granted, state whether probation was considered by the court; (E)…”
Show all 18 citing cases →
— Wyo. Stat. § 1-40-119(a) — 1 case
Seaton v. State, 811 P.2d 276 (Wyo. 1991). “W.S. 1-40-119 provides: (a) In addition to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere to, or is convicted of, the following criminal offenses shall be assessed a surcharge of not less than fifty dollars ($50.”
— Wyo. Stat. § 1-40-119(a)(i) — 1 case
Bird v. State, 939 P.2d 735 (Wyo. 1997).
— Wyo. Stat. § 1-40-119(d) — 1 case
Seaton v. State, 811 P.2d 276 (Wyo. 1991). “W.S. 1-40-119 provides: (a) In addition to any fine or other penalty prescribed by law, a defendant who pleads guilty or nolo contendere to, or is convicted of, the following criminal offenses shall be assessed a surcharge of not less than fifty dollars ($50.”
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