Wyo. Stat. » Wyo. Stat. / Title 06 - Crimes and Offenses / Chapter 1 - GENERAL PROVISIONS / Article 3 - INCHOATE OFFENSES
Wyoming Statutes

Wyo. Stat. § 6-1-304 (2026)

Grading.

✓ current as of May 2026
Find cases: SyfertCases citing this section WY-LEGwyoleg.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar 
The penalty for attempt, solicitation or conspiracy is the same
as the penalty for the most serious crime which is attempted,
solicited or is an object of the conspiracy except that an
attempt, solicitation or conspiracy to commit a capital crime is
not punishable by the death penalty if the capital crime is not
committed.
Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 1987–2023 · leading case: Duffy v. State, 789 P.2d 821 (Wyo. 1990).
Sort: Relevance Newest Treatment
Duffy v. State, 789 P.2d 821 (Wyo. 1990). · cites it 6× “See W.S. 6-1-304 and 6-1-201. Within the mass of cases, [16] authority can be found for every position taken except no case like this one is found invoking conspiracy to commit the burglary and aiding and abetting the more serious aggravated robbery which was a product of the…”
Best v. State, 736 P.2d 739 (Wyo. 1987). · cites it 2× “1977, proscribes attempts to commit crimes, and § 6-1-304, W.S. 1977, provides that the penalty for attempt is the same as the penalty for the crime itself except that the death penalty cannot be imposed if the capital crime actually is not committed.”
DeSpain v. State, 865 P.2d 584 (Wyo. 1993). · cites it 3× “§ 6-1-304 (1988), and the elements of the offense of attempted escape then become: 1.”
John Leslie Chapman, 2015 WY 15 (Wyo. 2015). · cites it 2× “]" Wyo. Stat. Ann. § 6-1-304 (LexisNexis 2013).”
Harvey v. State, 835 P.2d 1074 (Wyo. 1992). · cites it 2× “The direction taken by the American Law Institute is that if the conspiracy matures into a completed crime and the co-conspirator is convicted of the crime, there will be no duplicate crimes and only a single punishment for the commission of one actual criminal offense. I would…”
Brown v. State, 2002 WY 61 (Wyo. 2002). · cites it 2× “Pursuant to Wyo. Stat. Ann. § 6-1-304 (Lex-isNexis 2001), the gradations of conspiracy for punishment purposes are the same as the underlying crime: *100 The penalty for attempt, solicitation or conspiracy is the same as the penalty for the most serious erime which is attempted,…”
Timothy Dean Leners v. The State of Wyoming, 2022 WY 127 (Wyo. 2022). · cites it 2× “§ 6-2-104 ; Wyo. Stat. Ann. § 6-1-301 ; Wyo. Stat. Ann.”
Ryan Alexander Brown v. The State of Wyoming, 2021 WY 79 (Wyo. 2021). · cites it 2× “[¶5] The court’s written judgment and sentence provided: [T]he Defendant, RYAN ALEXANDER BROWN, shall be committed to the custody of the Department of Corrections and is sentenced to serve a term of incarceration in the Wyoming State Penitentiary, or an alternative correctional…”
Frank J. Mchenry v. The State of Wyoming, 2023 WY 68 (Wyo. 2023). · cites it 2× “See § 6-2-101(b) (penalty for first-degree murder) and Wyo. Stat. Ann. § 6-1-304 (LexisNexis 2021) (penalty for attempted first-degree murder).”
Marquess v. State, 2011 WY 95 (Wyo. 2011). “§ 6-2-502 (a)(D(b), § 6-1-308(a), and § 6-1-304, and kidnapping in violation of Wyo.”
State v. Dale, 439 N.W.2d 98 (S.D. 1989). “Wyoming (Wyo.Stat. §§ 6-1-304 and 6-3-402) if value exceeds $500.”
Mares v. State, 939 P.2d 724 (Wyo. 1997). “6-3-301(a), (b) (1988); W.S. 6-1-304 (1988). Mares contends that the court abused its discretion and violated his constitutional rights by treating him more harshly than his codefendants as well as other persons in Wyoming who have been convicted of felony murder where the…”
Show all 16 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.