Wyo. Stat. § 35-21-102

Definitions.

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(a)   As used in this act:

          (i) "Adult" means a person who is sixteen (16) years
of age or older, or legally married;

          (ii) "Court" means the circuit court in the county
where the alleged victim of domestic abuse resides or is found,
where an alleged perpetrator of the domestic abuse resides or is
found or where an act of domestic abuse occurred;

          (iii) "Domestic abuse" means the occurrence of one
(1) or more of the following acts by a household member but does
not include acts of self defense:

               (A) Physically abusing, threatening to
physically abuse, attempting to cause or causing physical harm
or acts which unreasonably restrain the personal liberty of any
household member;
               (B) Placing a household member in reasonable
fear of imminent physical harm; or

               (C) Causing a household member to engage
involuntarily in sexual activity by force, threat of force or
duress.

           (iv)   "Household member" includes:

                  (A)    Persons married to each other;

                  (B)    Persons living with each other as if
married;

                  (C)    Persons formerly married to each other;

                  (D)    Persons formerly living with each other as
if married;

                  (E)    Parents and their adult children;

                  (F)    Other adults sharing common living quarters;

               (G) Persons who are the parents of a child but
who are not living with each other; and

               (H) Persons who are in, or have been in, a
dating relationship.

          (v) "Order of protection" means a court order granted
for the protection of victims of domestic abuse;

          (vi) "Financial responsibility" means an obligation
to pay to a provider service fees and other costs and charges
associated with the provision of commercial mobile services;

          (vii) "Provider" means a person or entity that
provides commercial mobile services as defined in 47 U.S.C. §
332(d);

           (viii)       "This act" means W.S. 35-21-101 through 35-21-
112.
Notes of Decisions
Cited in 23 cases, 1998–2020 · leading case: Lonnie Lee Dahl v. The State of Wyoming
Lonnie Lee Dahl v. The State of Wyoming (2020) wyo · cites it 7× “Section 6-2-511(d)(ii) adopts the definition of “[h]ousehold member” from Wyo. Stat. Ann. § 35-21-102 (LexisNexis 2017).”
Dean v. State (2008) wyo · cites it 3× “(e) A household member as defined by W.S. 35-21-102 who is convicted upon a plea of guilty or no contest or found guilty of simple assault against any other household member, after having been convicted upon a plea of guilty or no contest or found guilty of a violation of W.”
Fall v. State (1998) wyo · cites it 4× “(e) A household member as defined by W.S. 35-21-102 who is convicted of a second or subsequent simple assault against any other household member is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty…”
Anderson v. State (2002) wyo · cites it 2× “(e) A household member as defined by W.S. 35-21-102 who is convicted upon a plea of guilty or no contest or found guilty of simple assault against any other house *111 hold member, after having been convicted upon a plea of guilty or no contest or found guilty of a violation of…”
Abeyta v. State (2003) wyo · cites it 2× “Wyo. Stat. Ann. § 35-21-102 (a)(iv) (LexisNexis 2001) provides: "Household member" includes: (A) Persons married to each other; (B) Persons living with each other as if married; (C) Persons formerly married to each other; (D) Persons formerly living with each other as if…”
Jones v. State (2011) wyo · cites it 2× “[[Image here]] (f) A household member as defined by W.S. 35-21-102 who commits a second or subsequent battery against any other household member shall be punished as follows: (i) A person convicted upon a plea of guilty or no contest or found guilty of a second offense under…”
Sam v. State (2008) wyo · cites it 2× “Wyo. Stat. Ann. § 35-21-102 (a)(iii) (LexisNexis 2007).”
CL v. ML (2015) wyo · cites it 2× “On February 28, the Teton County Circuit Court issued a protection order finding that an act of domestic abuse, as defined by Wyo. Stat. Ann. § 35-21-102 (a)@fii), had occurred.”
Timothy S. Nickels v. State (2015) wyo · cites it 3× “Nickels case tracked the statutory definitions of household member set out in Wyo. Stat. Ann. § 35-21-102 (a)(iv)(B), (D) and (H) (LexisNexis 2018), by including: "persons living with each other as if married;" "persons formerly living with each other as if married;" or "persons…”
Messer v. State (2004) wyo “[[Image here]] (f) A household member as defined by W.S. 35-21-102 who commits a second or subsequent battery against any other household member shall be punished as follows: [[Image here]] (ii) A person convicted upon a plea of guilty or no contest or found guilty of a third or…”
Spinner v. State (2003) wyo “[[Image here]] (f) A household member as defined by W.S. 35-21-102 who commits a second or subsequent battery against any other household member shall be punished as follows: [[Image here]] (ii) A person convicted upon a plea of guilty or no contest or found guilty of a third or…”
Sami v. State (2004) wyo “6-2-501 (a) or (b) by a household member as defined by W.S. 35-21-102 against any other household member or any similar provision of law, or any felony except murder, sexual assault in the first or second degree, aggravated assault and battery or arson in the first or second…”
— Wyo. Stat. § 35-21-102(a)(i) — 1 case
Lonnie Lee Dahl v. The State of Wyoming (2020) wyo “Section 6-2-511(d)(ii) adopts the definition of “[h]ousehold member” from Wyo. Stat. Ann. § 35-21-102 (LexisNexis 2017).”
— Wyo. Stat. § 35-21-102(a)(iv) — 1 case
Fall v. State (1998) wyo “(e) A household member as defined by W.S. 35-21-102 who is convicted of a second or subsequent simple assault against any other household member is guilty of a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty…”
— Wyo. Stat. § 35-21-102(a)(iv)(A) — 1 case
Timothy S. Nickels v. State (2015) wyo “Nickels case tracked the statutory definitions of household member set out in Wyo. Stat. Ann. § 35-21-102 (a)(iv)(B), (D) and (H) (LexisNexis 2018), by including: "persons living with each other as if married;" "persons formerly living with each other as if married;" or "persons…”
— Wyo. Stat. § 35-21-102(a)(iv)(E) — 1 case
Lonnie Lee Dahl v. The State of Wyoming (2020) wyo “Section 6-2-511(d)(ii) adopts the definition of “[h]ousehold member” from Wyo. Stat. Ann. § 35-21-102 (LexisNexis 2017).”
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