Wyoming Statutes

Wyo. Stat. § 6-1-101 (2026)

Short title; applicability of provisions;

✓ current as of May 2026

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conflicting penalties.

     (a)   This act may be cited as the Wyoming Criminal Code.

     (b) This act does not apply to crimes committed prior to
the effective date of this act. Prosecutions for a crime shall
be governed by the law in effect on the date when the crime
occurred. A crime was committed prior to the effective date of
this act if any of the elements of the crime occurred prior to
the effective date of this act.

     (c) In a case pending on or after the effective date of
this act, involving a crime committed prior to the effective
date, if the penalty under this act for the crime is different
from the penalty under prior law, the court shall impose the
lesser sentence.

Notes of Decisions

Cited in 26 cases (2 in the last 5 years), 1983–2025 · leading case: Schuler v. State, 771 P.2d 1217 (Wyo. 1989).

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Schuler v. State, 771 P.2d 1217 (Wyo. 1989). · cites it 29× “These enactments specifically emplaced the savings clause of the present statute, W.S. 6-1-101, involving conflicting penalties.”

Jahnke v. State, 682 P.2d 991 (Wyo. 1984). · cites it 4× “NOTES [1] Section 6-1-101, W.S. 1977, in effect at the time this offense was committed, provided: "(a) Whoever purposely and with premeditated malice, or in the perpetration of, or attempt to perpetrate any rape, sexual assault, arson, robbery or burglary, or by administering…”

Attletweedt v. State, 684 P.2d 812 (Wyo. 1984). · cites it 4× “The trial court imposed sentence under the former law in reliance on subsection (b) of § 6-1-101, W.S.1977, of the new criminal code.”

Sodergren v. State, 715 P.2d 170 (Wyo. 1986). · cites it 5× “Appellant's argument that he should have been sentenced under § 6-2-106 is based on § 6-1-101(c), W.S. 1977 (June 1983 Replacement), which provides: "In a case pending on or after the effective date, involving a crime committed prior to the effective date, if the penalty under…”

Eaton v. State, 2008 WY 97 (Wyo. 2008). · cites it 3× “[T123] As another threshold matter, we note that Eaton points out that Wyo. Stat. Ann. § 6-1-101 (Michie 1983 and LexisNexis 2008) provides: § 6-1-101.”

Miller v. State, 732 P.2d 1054 (Wyo. 1987). · cites it 4× “" Section 6-1-101, W.S. 1977, 1982 Replacement.”

Kallas v. State, 776 P.2d 198 (Wyo. 1989). · cites it 3× “§ 2254 and W.S. 6-1-101(c), with a prayer for the trial court "to grant the petitioner Post-Conviction on a Lesser SENTENCE.”

Engberg v. Meyer, 820 P.2d 70 (Wyo. 1991). · cites it 2× “" W.S. 6-1-101(b) and (c). This application of the new code, if the changed penalty was favorable to the convicted person, was confirmed in Attletweedt v.”

Jones v. State, 771 P.2d 368 (Wyo. 1989). · cites it 3× “8-1-107 and W.S. 6-1-101. The proper statutory provisions relating to attorney's fee repayment to be applied are W.”

Osborn v. State, 672 P.2d 777 (Wyo. 1983). · cites it 2× “Section 6-1-101 of the Wyoming Criminal Code of 1982, as amended, specifically provides that “[prosecutions for a crime shall be governed by the law in effect on the date when the crime occurred.”

Pote v. State, 695 P.2d 617 (Wyo. 1985). · cites it 2× “Count III, unlawful possession of deadly weapon with intent to threaten, in violation of § 6-1-101, W.S. 1977, a single sentence of life imprisonment at the Wyoming State Penitentiary, with eligibility for parole after serving twenty-five years and a fine of $1,000.”

Pote v. State, 733 P.2d 1018 (Wyo. 1987). · cites it 2× “Count III, unlawful possession of deadly weapon with intent to threaten, in violation of § 6-1-101, W.S. 1977, a single sentence of life imprisonment at the Wyoming State Penitentiary, with eligibility for parole after serving twenty-five years and a fine of $41,000.”

Schiefer v. State, 774 P.2d 133 (Wyo. 1989). · cites it 2× “See W.S. 6-1-101 (June 1983 Replacement). Attletweedt v.”

Lewis v. State, 709 P.2d 1278 (Wyo. 1985). · cites it 4× “[5] We note that in Title 6, the legislature recognized the prohibition against ex post facto laws by enacting § 6-1-101, W.S. 1977, in March of 1982, with an effective date of July 1, 1983: "(a) This act may be cited as the Wyoming Criminal Code of 1982.”

Osborn v. State, 290 P.3d 1096 (Wyo. 2012). · cites it 2× “Appellant claimed that the amended statute applied retroactively, relying on Wyo. Stat. Ann. § 6-1-101 (c), which provides that, "In a case pending on or after the effective date of this act, involving a crime committed prior to the effective date, if the penalty under this act…”

Sarr v. State, 2007 WY 140 (Wyo. 2007). “6-2-501(a), (b), (e) or (F), 6-2-502, 6-2-5038, 6-2-504 or other substantially similar law of this or any other state, tribe or territory against any other household member within the previous ten (10) years is guilty of a felony punishable by imprisonment for not more than two…”

Lucero v. State, 14 P.3d 920 (Wyo. 2000). “§ 6-1-104(a) (Michie 1997), which provides, in pertinent part: (a) As used in W.S. 6-1-101 through 6-10-203 unless otherwise defined: ® "Bodily injury" means physical pain, illness or any impairment of physical condition; Rook k (iv) "Deadly weapon" means but is not limited to a…”

Rodriguez v. State, 917 P.2d 172 (Wyo. 1996). “Section 6-1-104(a)(xii) provides: (a) As used in W.S. 6-1-101 through 6-10-203 unless otherwise defined: [[Image here]] (xii) "Violent felony” means murder, manslaughter, kidnapping, sexual assault in the first or second degree, robbery, aggravated assault, aircraft hijacking,…”

Johnson v. State, 914 P.2d 810 (Wyo. 1996). “00): (i) Any crime enumerated in W.S. 6-1-101 through 6-10-203; ... (c) Under no circumstances shall a court fail to impose the surcharge required by subsection! ] (a) .”

Michaels v. State Ex Rel. Dept. of Transp., 2012 WY 33 (Wyo. 2012). · cites it 2× “As provided in Wyo. Stat. Ann. § 6-1-101 (b) (LexisNexis 2011), prosecutions are governed by the law in effect at the time the offense was committed.”

People v. Padilla, 878 P.2d 4 (Colo. Ct. App. 1994). “, Wyo.Stat. § 6-1-101, et seq. (1977), nor do all states which classify offenses distinguish those classes with numerals.”

Blakeman v. State, 753 P.2d 1045 (Wyo. 1988). “00): "(i) Any crime enumerated in W.S. 6-1-101 through 6-10-203; "(ii) Any violation of W.”

Michaels v. State ex. rel. Dep't of Transp., 271 P.3d 1003 (Wyo. 2012). · cites it 2× “As provided in Wyo. Stat. Ann. § 6-1-101 (b) (LexisNex-is 2011), prosecutions are governed by the law in effect at the time the offense was committed.”

Edgar Allen Stitzel v. The State of Wyoming, 2024 WY 26 (Wyo. 2024). “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.”

David Wayne Gober v. The State of Wyoming, 2025 WY 96 (Wyo. 2025). “This Court has recognized common-law defenses were retained when the legislature enacted the Wyoming Criminal Code, Wyoming Statutes §§ 6-1-101 et seq., unless otherwise provided in the Criminal Code.”

Ty Roush v. The State of Wyoming, 2014 WY 45 (Wyo. 2014). “Because most of the provisions of § 6-1-101 directly relate to a major revision of the criminal code in 1983, we have held that those provisions are for the most part no longer important.”

— Wyo. Stat. § 6-1-101(b) — 2 cases

Engberg v. Meyer, 820 P.2d 70 (Wyo. 1991). “" W.S. 6-1-101(b) and (c). This application of the new code, if the changed penalty was favorable to the convicted person, was confirmed in Attletweedt v.”

— Wyo. Stat. § 6-1-101(c) — 5 cases

Schuler v. State, 771 P.2d 1217 (Wyo. 1989). “These enactments specifically emplaced the savings clause of the present statute, W.S. 6-1-101, involving conflicting penalties.”

Sodergren v. State, 715 P.2d 170 (Wyo. 1986). “Appellant's argument that he should have been sentenced under § 6-2-106 is based on § 6-1-101(c), W.S. 1977 (June 1983 Replacement), which provides: "In a case pending on or after the effective date, involving a crime committed prior to the effective date, if the penalty under…”

Kallas v. State, 776 P.2d 198 (Wyo. 1989). “§ 2254 and W.S. 6-1-101(c), with a prayer for the trial court "to grant the petitioner Post-Conviction on a Lesser SENTENCE.”

Jones v. State, 771 P.2d 368 (Wyo. 1989). “8-1-107 and W.S. 6-1-101. The proper statutory provisions relating to attorney's fee repayment to be applied are W.”

— Wyo. Stat. § 6-1-101(c)(iii) — 1 case

Schuler v. State, 771 P.2d 1217 (Wyo. 1989). “These enactments specifically emplaced the savings clause of the present statute, W.S. 6-1-101, involving conflicting penalties.”

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