Wyo. Stat. » Wyo. Stat. / Title 06 - Crimes and Offenses / Chapter 1 - GENERAL PROVISIONS / Article 1 - IN GENERAL
Wyoming Statutes

Wyo. Stat. § 6-1-102 (2026)

Common-law crimes abolished; common-law defenses

✓ current as of May 2026
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retained.

     (a) Common-law crimes are abolished. No conduct
constitutes a crime unless it is described as a crime in this
act or in another statute of this state. This section does not
limit the power of the court to:

          (i) Punish for contempt or to employ any sanction
authorized by law for the enforcement of an order lawfully
entered or a civil judgment or decree; or

          (ii) Use case law as an interpretive aid and in the
construction of this act.

     (b) Common-law defenses are retained unless otherwise
provided by this act.
Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1979–2025 · leading case: Bouwkamp v. State, 833 P.2d 486 (Wyo. 1992).
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Bouwkamp v. State, 833 P.2d 486 (Wyo. 1992). · cites it 16× “Bouwkamp did not rely on a defense recognized by Wyo.Stat. § 6-1-102 or this court that would merit a theory of the case instruction.”
Stagner v. State, 842 P.2d 520 (Wyo. 1992). · cites it 8× “* * * * * * Bouwkamp did not rely on a defense recognized by Wyo.Stat. § 6-1-102 or this court that would merit a theory of the case instruction.”
Bush v. State, 908 P.2d 963 (Wyo. 1995). · cites it 4× “The statute requires proof, inter alia, that the defendant, with the intent to prevent the apprehension of another for the commission of a crime, rendered assistance to that person.”
Merrill v. Jansma, 86 P.3d 270 (Wyo. 2004). · cites it 2× “§ 1-39-102 (b) of the Wyoming Governmental Claims Act (abolishing judicially created categories for determining governmental immunity or liability), Wyo. Stat. Ann. § 6-1-102 of the Wyoming Criminal Code (abolishing common law crimes), Wyo.”
Keats v. State, 2003 WY 19 (Wyo. 2003). · cites it 2× “2d, supra, at §§ 1, 2. In making that determination, however, we may resort to prior ease law as an interpretive aid.”
Yellowbear v. State, 2008 WY 4 (Wyo. 2008). · cites it 2× “ry be instructed on them? In other words, would the Supreme Court, if it were to address this, say, Is there an exception to the general rule that mere presence at the scene o f a crime does not make a person an accomplice; or would they say that there is an exception that where…”
Keser v. State, 706 P.2d 263 (Wyo. 1985). · cites it 2× “Section 6-1-102, W.S.1977, abolishes common-law crimes but retains common-law defenses.”
Richard Carl Bohling v. State, 2017 WY 7 (Wyo. 2017). · cites it 2× “” Wyo. Stat. Ann. § 6-1-102 (LexisNexis 2015).”
Iseli v. State, 2007 WY 102 (Wyo. 2007). · cites it 2× “(quoting Wyo. Stat. Ann. § 6-1-102 (b)). - Additionally, this Court has discussed acceptable defenses, notably in Keser v.”
Jandro v. State, 781 P.2d 512 (Wyo. 1989). · cites it 2× “1986), which provides, in that part here pertinent: "(a) A peace officer may arrest a person without a warrant and detain him until a legal warrant can be obtained when: * * * * * * "(ii) He has reasonable grounds to believe that a felony, as defined by section 6-2 [§ 6-1-102]…”
The State of Wyoming v. Jason Tsosie John, 2020 WY 46 (Wyo. 2020). · cites it 2× “See Wyo. Stat. Ann. § 6-1-102 (b) (LexisNexis 2019) (“Common-law defenses are retained unless otherwise provided by this act.”
Wheaton v. State, 2003 WY 56 (Wyo. 2003). · cites it 2× “(quoting Wyo. Stat. Ann. § 6-1-102 (b)). Additionally, this Court has discussed acceptable defenses, notably in Keser v.”
Show all 21 citing cases →
— Wyo. Stat. § 6-1-102(b) — 2 cases
Bouwkamp v. State, 833 P.2d 486 (Wyo. 1992). “Bouwkamp did not rely on a defense recognized by Wyo.Stat. § 6-1-102 or this court that would merit a theory of the case instruction.”
Stagner v. State, 842 P.2d 520 (Wyo. 1992). “* * * * * * Bouwkamp did not rely on a defense recognized by Wyo.Stat. § 6-1-102 or this court that would merit a theory of the case instruction.”
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