Wyo. Stat. § 6-1-204

Immunity from civil action for justifiable use of

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force; attorney fees.

     (a) Except as provided by W.S. 6-1-103(a), a person who
uses reasonable defensive force pursuant to W.S. 6-2-602 is
immune from civil action for the use of the force.

     (b) In a civil action filed against a person related to
the person's use of defensive force, the person may file a
motion with the court asserting that the person used reasonable
defensive force under W.S. 6-2-602. Upon the filing of the
motion the court shall hold a hearing prior to trial and shall
grant the person's motion if he proves by a preponderance of the
evidence that he used reasonable defensive force under W.S.
6-2-602.

     (c) A court shall award reasonable attorney fees, court
costs, compensation for any loss of income and all other
expenses incurred by a person in defense of any civil action
arising from the person's use of reasonable defensive force
pursuant to W.S. 6-2-602 if the court finds that the defendant
is immune from civil action under subsection (a) of this
section.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 1982–2025 · leading case: Capwell v. State

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Capwell v. State (1984) wyo · cites it 3× “The penalty for conviction of the attempt was the same as for the commission of the underlying crime, § 6-1-204, W.S.1977, Cum.Supp.1982, supra.”

Osborn v. State (1983) wyo · cites it 2× “A ‘substantial step’ is conduct which is strongly corroborative of the firmness of the actor’s intention to complete the commission of the crime * * Section 6-1-204, W.S.1977, Cum.Supp.1981: “The penalty for attempt, solicitation and conspiracy is the same as the penalty for the…”

Haight v. State (1982) wyo · cites it 2× “Section 6-1-204, W.S.1977, Cum.Supp.1981, provides that the penalty for attempt is the same as the penalty for the most serious offense which is attempted.”

The State of Wyoming v. Jason Tsosie John (2020) wyo “135 (amending Wyoming Statute §§ 6-1-204 and 6-2-602). Subsection (f) states “[a] person who uses reasonable defensive force as defined by subsection (a) of this section shall not be criminally prosecuted for that use of reasonable defensive force.”

Brandon Velez, Plaintiff v. Rachael Eutzy, Erik Slocum, Casey Seigle, and The City of Manchester, N.H., Defendants (2025) nhd “62 (5); Wyo. Stat. Ann. § 6-1-204 (c). Yet, defendants have not cited any judicial opinions giving such statutes the broad interpretation that they urge this court to adopt.”

State of Iowa v. Lamar Cheyeene Wilson (2020) iowa “”); Wyo. Stat. Ann. § 6-1-204 (a) (West, Westlaw through 2020 Budget Sess.”

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