Wyoming Statutes

Wyo. Stat. § 6-1-301 (2026)

Attempt; renunciation of criminal intention.

✓ current as of May 2026

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(a)   A person is guilty of an attempt to commit a crime if:

          (i) With the intent to commit the crime, he does any
act which is a substantial step towards commission of the crime.
A "substantial step" is conduct which is strongly corroborative
of the firmness of the person's intention to complete the
commission of the crime; or

          (ii) He intentionally engages in conduct which would
constitute the crime had the attendant circumstances been as the
person believes them to be.

     (b) A person is not liable under this section if, under
circumstances manifesting a voluntary and complete renunciation
of his criminal intention, he avoided the commission of the
crime attempted by abandoning his criminal effort. Within the
meaning of this subsection, renunciation of criminal purpose is
not voluntary if it is motivated, in whole or in part, by
circumstances, not present or apparent at the inception of the
person's course of conduct, which increase the probability of
detection or apprehension or which make more difficult the
accomplishment of the criminal intention. Renunciation is not
complete if it is motivated by a decision to postpone the
criminal conduct until a more advantageous time or to transfer
the criminal effort to another but similar objective or victim.

Notes of Decisions

Cited in 56 cases (8 in the last 5 years), 1985–2024 · leading case: Sam v. State, 401 P.3d 834 (Wyo. 2017).

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Sam v. State, 401 P.3d 834 (Wyo. 2017). · cites it 8× “Wyo. Stat. Ann. § 6-1-301 (a)(i) & (ii) (LexisNexis 2017).”

Sean Wayne Weston v. The State of Wyoming, 2019 WY 113 (Wyo. 2019). · cites it 7× “Section 6-1-301 states in relevant part: (a) A person is guilty of an attempt to commit a crime if: (i) With the intent to commit the crime, he does any act which is a substantial step towards commission of the crime.”

Schafer v. State, 2008 WY 149 (Wyo. 2008). · cites it 10× “The trial court did not err in applying Wyoming's General Attempt Statute, Wyo. Stat. Ann. § 6-1-301 , to aggravated assault and battery, Wyo.”

Cardenas v. State, 811 P.2d 989 (Wyo. 1991). · cites it 10× “The police arrested Appellant and charged him with attempted first-degree sexual assault in violation of Wyo. Stat. §§ 6-1-301 and 6-2-302 (1988), aggravated assault and battery in violation of Wyo.”

Adams v. State, 2005 WY 94 (Wyo. 2005). · cites it 7× “Does the Wyoming general attempt statute, Wyo. Stat. Ann. § 6-1-301 , apply to situations where a law enforcement officer pretends to be a child on the internet? II.”

Harvey v. State, 835 P.2d 1074 (Wyo. 1992). · cites it 8× “I would further find the concept to be consistent with the differentiated arrangement provided in Wyo.Stat. § 6-1-301 through § 6-1-304 (1988) and in accord with an increasing number of states with specific statutes "barring conviction for an offense and an included offense.”

Solomon Preston Bolen v. The State of Wyoming, 2024 WY 48 (Wyo. 2024). · cites it 8× “Because the statute has a built-in attempt provision, the general attempt statute, Wyo. Stat. Ann. § 6-1-301 , does not apply, and the crime of attempted aggravated assault and battery technically does not exist.”

Jones v. State, 735 P.2d 699 (Wyo. 1987). · cites it 6× “Raynell Jones was convicted of the crime of attempted robbery in violation of §§ 6-1-301 and 6-2-401(a)(ii), W.S. 1977 (June 1983 Replacement).”

Best v. State, 736 P.2d 739 (Wyo. 1987). · cites it 4× “" Section 6-1-301, W.S. 1977, proscribes attempts to commit crimes, and § 6-1-304, W.”

Ramirez v. State, 739 P.2d 1214 (Wyo. 1987). · cites it 4× “" "§ 6-1-301. Attempt; renunciation of criminal intention.”

Guy v. State, 2008 WY 56 (Wyo. 2008). · cites it 2× “He was charged with attempted second-degree murder in violation of Wyo. Stat. Ann. §§ 6-1-301 (a)(1) and 6-2-104 (LexisNexis 2007).”

Talley v. State, 2007 WY 37 (Wyo. 2007). · cites it 2× “§ 6-2-101 (a) (Lexis-Nexis 2003); 2) attempted aggravated robbery in violation of Wyo. Stat. Ann. § 6-1-301 and § 6-2-40l(c)@ii) (LexisNexis 2008); and 3) conspiracy to commit aggravated robbery in violation of Wyo.”

Show all 56 citing cases →

— Wyo. Stat. § 6-1-301(a) — 4 cases

Bilderback v. State, 13 P.3d 249 (Wyo. 2000).

Stice v. State, 799 P.2d 1204 (Wyo. 1990).

Thomas v. State, 2007 WY 186 (Wyo. 2007).

Strider Dean Langley v. The State of Wyoming, 2020 WY 135 (Wyo. 2020).

— Wyo. Stat. § 6-1-301(a)(i) — 9 cases

Sean Wayne Weston v. The State of Wyoming, 2019 WY 113 (Wyo. 2019). “Section 6-1-301 states in relevant part: (a) A person is guilty of an attempt to commit a crime if: (i) With the intent to commit the crime, he does any act which is a substantial step towards commission of the crime.”

Summers v. State, 725 P.2d 1033 (Wyo. 1986).

Price v. State, 807 P.2d 909 (Wyo. 1991).

Sebastian Michael Esquibel v. The State of Wyoming, 2022 WY 89 (Wyo. 2022).

Stice v. State, 799 P.2d 1204 (Wyo. 1990).

— Wyo. Stat. § 6-1-301(b) — 3 cases

Ramirez v. State, 739 P.2d 1214 (Wyo. 1987). “" "§ 6-1-301. Attempt; renunciation of criminal intention.”

Brewster v. State, 712 P.2d 338 (Wyo. 1985).

Apodaca v. State, 796 P.2d 806 (Wyo. 1990).

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