Wyoming Statutes

Wyo. Stat. § 35-7-1042 (2026)

Attempts and conspiracies.

✓ current as of May 2026

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Any person who attempts or conspires to commit any offense under
this article within the state of Wyoming or who conspires to
commit an act beyond the state of Wyoming which if done in this
state would be an offense punishable under this article, shall
be punished by imprisonment or fine or both which may not exceed
the maximum punishment prescribed for the offense the commission
of which was the object of the attempt or conspiracy.

Notes of Decisions

Cited in 40 cases (4 in the last 5 years), 1981–2026 · leading case: Palato v. State, 988 P.2d 512 (Wyo. 1999).

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Palato v. State, 988 P.2d 512 (Wyo. 1999). · cites it 44× “Both defendants are alleged to have conspired with a government agent to deliver a controlled substance in violation of Wyo. Stat. Ann. § 35-7-1042 (Lexis 1999), raising the issue of whether Wyoming follows a unilateral or bilateral approach with respect to conspiracies…”

Wehr v. State, 841 P.2d 104 (Wyo. 1992). · cites it 12× “Whether the evidence was insufficient to establish that Appellant conspired to deliver a controlled substance in violation of Wyo.Stat. § 35-7-1042 (1977). III. Whether Appellant was denied the right to a speedy trial in violation of the United States and Wyoming Constitutions…”

Baker v. State, 2010 WY 6 (Wyo. 2010). · cites it 13× “For the reasons stated above, we hold that the controlled substances conspiracy statute embraces the bilateral theory of conspiracy, in accordance with federal case law.”

Estrada-Sanchez v. State, 2003 WY 45 (Wyo. 2003). · cites it 8× “Wyo. Stat. Ann. § 35-7-1042 (Michie 1997).”

Dallas Clem Mitchell v. The State of Wyoming, 2020 WY 142 (Wyo. 2020). · cites it 4× “§ 35-7-1031 (a)(ii), and with conspiracy to deliver a controlled substance, in violation of Wyo. Stat. Ann. §§ 35-7-1042 and 35-7-1031(a)(i).”

Apodaca v. State, 627 P.2d 1023 (Wyo. 1981). · cites it 5× “1977, 2 along with conspiracy to deliver a controlled substance in violation of § 35-7-1042, W.S. 1977, 3 appellant has appealed on two bases.”

Wells v. State, 846 P.2d 589 (Wyo. 1992). · cites it 8× “Appellant was extradited from Colorado, and on August 15, 1990, a jury found him guilty of conspiracy to distribute a controlled substance in violation of Wyo. Stat. §§ 35-7-1042, 35-7-1031(a)(i), and 35-7-1016(b)(iv) (1988) [1] and of distributing a *591 controlled substance in…”

Urrutia v. State, 924 P.2d 965 (Wyo. 1996). · cites it 5× “] ARGUMENT II: I) There was insufficient evidence to convict the Appellant, Chad Urrutia, of conspiracy to deliver a controlled substance under Wyoming Statute § 35-7-1042 and § 35-7-1031(a)(ii) given the fact that the State did not prove that the Appellant ever agreed to…”

Burke v. State, 746 P.2d 852 (Wyo. 1987). · cites it 4× “Section 35-7-1042, W.S. 1977; Apodaca v. State, Wyo.”

Jandro v. State, 781 P.2d 512 (Wyo. 1989). · cites it 4× “" Section 35-7-1042, W.S. 1977, provides: "Any person who attempts or conspires to commit any offense under this article within the state of Wyoming or who conspires to commit an act beyond the state of Wyoming which if done in this state would be an offense punishable under…”

Adams v. State, 2003 WY 152 (Wyo. 2003). · cites it 4× “[11] After trial, a jury convicted appellant Allen Marty Adams (Adams) of conspiracy to deliver a controlled substance, methamphetamine, in violation of Wyo. Stat. Ann. §§ 35-7-1042 and 85-7-1081(a)(i).”

Ekholm v. State, 2004 WY 159 (Wyo. 2004). · cites it 5× “In that regard, Wyo. Stat. Ann. § 35-7-1042 states that any "person who attempts or conspires to commit any offense under this article within the state of Wyoming .”

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