Wyoming Statutes

Wyo. Stat. § 12-6-101 (2026)

Sale or possession prohibited; when possession

✓ current as of May 2026

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unlawful; public drunkenness; falsification of identification;
penalty; prima facie identification as defense.

     (a) Any person who sells, furnishes, gives or causes to be
sold, furnished or given away any alcoholic liquor or malt
beverage to any person under the age of twenty-one (21) years,
who is not his legal ward, medical patient or member of his own
immediate family, is guilty of a misdemeanor. This subsection
does not apply to sales by the division or a wholesaler to a
licensee under this title.

     (b)   Repealed By Laws 2010, Ch. 6, § 2.

     (c) Except as otherwise provided in this title, no person
under the age of twenty-one (21) years shall:

          (i) Purchase or attempt to purchase any alcoholic
liquor or malt beverage;

          (ii) Solicit another person to purchase alcoholic
liquor or malt beverage;

           (iii)    Possess any alcoholic liquor or malt beverage;

           (iv)    Consume any ethyl alcohol;

          (v) Have measurable blood, breath or urine alcohol
concentration in his body;

          (vi) Enter or remain in designated sales areas
approved by the local licensing authority that is primarily for
off-premise sales of alcoholic liquor or malt beverages unless
accompanied by a parent, spouse or legal guardian who is twenty-
one (21) years of age or older; or

          (vii) Dispense or sell any alcoholic liquor or malt
beverage. The term "dispensing" means mixing or pouring
alcoholic liquors or malt beverages.

     (d) This section shall not apply to possession of
alcoholic liquor or malt beverages or consumption of ethyl
alcohol by a person under the age of twenty-one (21) years in
accordance with this title:

          (i) Who is in the physical presence of his parent,
spouse or legal guardian who is twenty-one (21) years of age or
older;

          (ii) As part of a church's or religious
organization's religious services; or

          (iii) For medicinal purposes if the alcoholic liquor,
malt beverage or ethyl alcohol is furnished:

               (A) By the person's parent, spouse or legal
guardian who is twenty-one (21) years of age or older; or

                  (B)   Pursuant to a lawful prescription.

     (e) The prohibitions against possession of alcoholic
liquor or malt beverages by a person under the age of twenty-one
(21) years specified in this section shall not apply:

          (i) When the person is making a delivery of alcoholic
liquor or malt beverages pursuant to his employment;

          (ii) When the person is serving alcoholic liquor or
malt beverages pursuant to his employment in a restaurant which
holds a license to serve alcoholic liquor or malt beverages, if
the person is at least eighteen (18) years of age. The term
"serving" in this paragraph does not include the mixing or
dispensing of alcoholic beverages; or

          (iii)    To a person who is a licensee under this title.

     (f) Any person under the age of twenty-one (21) years who
attempts in any manner to purchase alcoholic or malt beverages
or who falsifies any identification or uses any false
identification in order to obtain alcoholic or malt beverages is
guilty of a misdemeanor.

     (g) Any person who violates this section, or aids, abets
or incites any violation hereof, is guilty of a misdemeanor.

     (h) A motor vehicle driver's license or valid picture
identification card issued by any state, territory or possession
of the United States, the District of Columbia or the
Commonwealth of Puerto Rico, a permanent resident card issued by
the United States citizenship and immigration services, a valid
picture identification card issued to a member of the armed
forces or an internationally accepted passport document with a
discernible date of birth and photograph is prima facie evidence
of the age and identity of a person. Proof that a licensee or
his employee or agent demanded, was shown and acted in
reasonable reliance upon the information contained in any one
(1) of the above documents as identification is a defense to any
criminal prosecution or action for the suspension or revocation
of a license.

     (j) For purposes of this section, "ethyl alcohol" means
any substance which is or contains ethyl alcohol.

Notes of Decisions

Cited in 16 cases, 1982–2018 · leading case: McClellan v. Tottenhoff, 666 P.2d 408 (Wyo. 1983).

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McClellan v. Tottenhoff, 666 P.2d 408 (Wyo. 1983). · cites it 18× “" Section 12-6-101(a) provides: "(a) Every person who sells, furnishes, gives or causes to be sold, furnished or given away any alcoholic liquor or malt beverage to any person under the age of nineteen (19), who is not his legal ward, medical patient or member of his own…”

Johnson v. State Hearing Exam'r's Off., 838 P.2d 158 (Wyo. 1992). · cites it 24× “If the minor who purchases or uses is to lose driving privileges, the co-violating adult or the liquor vendor, Wyo.Stat. § 12-6-101, should similarly be subjected to the loss of his driver's license as is provided in the limited sphere of present law in using a motor vehicle to…”

Greenwalt v. Ram Restaurant Corp. of Wyoming, 2003 WY 77 (Wyo. 2003). · cites it 8× “Wyo. Stat. Ann. § 12-6-101 (a) (Lexis-Nexis 2001).”

Tietema v. State, 926 P.2d 952 (Wyo. 1996). · cites it 8× “In this ease we are asked to answer the certified question of “[w]hether ‘possession’ *953 under Wyo.Stat. § 12-6-101(b) (Supp.1995) must occur on ‘any street or highway or in any public place’? In other words, whether ‘on any street or highway or in any public place’ is an…”

White v. Bd. of Trs., Etc., 648 P.2d 528 (Wyo. 1982). · cites it 6× “Section 12-6-101(a), (b), (c) and (d), W.”

Kamp v. Kamp, 640 P.2d 48 (Wyo. 1982). · cites it 4× “) Section 12-6-101, W.S. 1977. "(a) Any property owner is entitled to recover damages from the parents of any minor under the age of seventeen (17) years and over the age of ten (10) years who maliciously and willfully damages or destroys his property.”

Jahnke v. State, 692 P.2d 911 (Wyo. 1984). · cites it 2× “All complaints alleging misconduct of a minor other than violation of a municipal ordinance, of W.S. 12-6-101 or a misdemeanor violation of the Uniform Act Regulating Traffic on Highways, must be referred to the county and prosecuting attorney who shall determine the appropriate…”

State v. Denhardt, 760 P.2d 988 (Wyo. 1988). · cites it 7× “All six occupants admitted that they had been drinking the alcoholic beverages while traveling in the car.”

White v. Ha, Inc., 782 P.2d 1125 (Wyo. 1989). · cites it 4× “W.S. 12-6-101(a) provides: (a) Every person who sells, furnishes, gives or causes to be sold, furnished or given away any alcoholic liquor or malt beverage to any person under the age of nineteen (19), who is not his legal ward, medical patient or member of his own immediate…”

Heinemann v. State, 413 P.3d 644 (Wyo. 2018). · cites it 2× “§ 14-3-105 (a) (LexisNexis 1999), and furnishing alcohol to a minor, in violation of Wyo. Stat. Ann. § 12-6-101 (a). In the second case, Appellant was convicted of sexual assault in the third degree, in violation of Wyo.”

Baessler v. Freier, 2011 WY 125 (Wyo. 2011). · cites it 2× “[3] Examples include a non-licensee who furnishes alcohol to an underage person (§ 12-6-101(a)), a licensee who furnishes alcohol to a minor after having received notice that the person is a minor (§ 12-5-502), a licensee who furnishes alcohol to a "habitual drunkard" after…”

Daniels v. Carpenter, 2003 WY 11 (Wyo. 2003). · cites it 4× “" Wyo. Stat. Ann. § 12-6-101 (a) (Lexis 1999).”

Show all 16 citing cases →

— Wyo. Stat. § 12-6-101(a) — 9 cases

McClellan v. Tottenhoff, 666 P.2d 408 (Wyo. 1983). “" Section 12-6-101(a) provides: "(a) Every person who sells, furnishes, gives or causes to be sold, furnished or given away any alcoholic liquor or malt beverage to any person under the age of nineteen (19), who is not his legal ward, medical patient or member of his own…”

Greenwalt v. Ram Restaurant Corp. of Wyoming, 2003 WY 77 (Wyo. 2003). “Wyo. Stat. Ann. § 12-6-101 (a) (Lexis-Nexis 2001).”

White v. Bd. of Trs., Etc., 648 P.2d 528 (Wyo. 1982). “Section 12-6-101(a), (b), (c) and (d), W.”

Johnson v. State Hearing Exam'r's Off., 838 P.2d 158 (Wyo. 1992). “If the minor who purchases or uses is to lose driving privileges, the co-violating adult or the liquor vendor, Wyo.Stat. § 12-6-101, should similarly be subjected to the loss of his driver's license as is provided in the limited sphere of present law in using a motor vehicle to…”

State v. Denhardt, 760 P.2d 988 (Wyo. 1988). “All six occupants admitted that they had been drinking the alcoholic beverages while traveling in the car.”

— Wyo. Stat. § 12-6-101(b) — 3 cases

Tietema v. State, 926 P.2d 952 (Wyo. 1996). “In this ease we are asked to answer the certified question of “[w]hether ‘possession’ *953 under Wyo.Stat. § 12-6-101(b) (Supp.1995) must occur on ‘any street or highway or in any public place’? In other words, whether ‘on any street or highway or in any public place’ is an…”

Brittany Brown v. State, 2017 WY 45 (Wyo. 2017).

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