Wyoming Statutes

Wyo. Stat. § 6-2-101 (2026)

Murder in the first degree; penalty.

✓ current as of May 2026

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(a) Whoever purposely and with premeditated malice, or in
the perpetration of, or attempt to perpetrate, any sexual
assault, sexual abuse of a minor, arson, robbery, burglary,
escape, resisting arrest, kidnapping or abuse of a child under
the age of sixteen (16) years, kills any human being is guilty
of murder in the first degree.

     (b) A person convicted of murder in the first degree shall
be punished by death, life imprisonment without parole or life
imprisonment according to law, except that a person convicted of
murder in the first degree who was under the age of eighteen
(18) years at the time of the offense shall be punished by life
imprisonment.

     (c) A person convicted of murder in the first degree in a
case in which the state seeks the death penalty shall be
sentenced in accordance with the provisions of W.S. 6-2-102. In
all other cases, including any case in which the state has
determined not to seek the death penalty at any stage of the
proceeding, the judge shall determine the sentence of life
imprisonment without parole or life imprisonment taking into
consideration any negotiated plea agreement and any evidence
relevant to a determination of sentence which the court deems to
have probative value.

     (d) A person is guilty of murder in the first degree of an
unborn child, punishable as provided for other convictions of
murder in the first degree, if:

          (i) The person purposely and with premeditated
malice, or in the perpetration of, or attempt to perpetrate, any
sexual assault, sexual abuse of a minor, arson, robbery,
burglary, escape, resisting arrest, kidnapping or abuse of a
child under the age of sixteen (16) years, kills or attempts to
kill any human being;

          (ii)    The human being was pregnant with an unborn
child; and

          (iii) The unborn child dies as a result of the
person's actions.

Notes of Decisions

Cited in 152 cases (15 in the last 5 years), 1978–2026 · leading case: Bear Cloud v. State, 275 P.3d 377 (Wyo. 2012).

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Bear Cloud v. State, 275 P.3d 377 (Wyo. 2012). · cites it 31× “PROCEDURAL HISTORY [T9] On August 27, 2009, the State filed an Information, charging Bear Cloud with one count of Murder in the First Degree, in violation of Wyo. Stat. Ann. § 6-2-101 (a), and one count of Conspiracy to Commit Aggravated Burglary, in violation of Wyo.”

Dharminder Vir Sen v. State, 2017 WY 30 (Wyo. 2017). · cites it 15× “[¶5] After a jury trial, Sen was found guilty of first-degree felony murder, in violation of Wyo. Stat. Ann. § 6-2-101 (a) (LexisNexis 2009), conspiracy to commit aggravated burglary, in violation of Wyo.”

Wyatt L. Bear Cloud v. The State of Wyoming, 2013 WY 18 (Wyo. 2013). · cites it 11× “We stated, " Wyo. Stat. Ann. § 6-2-101 (b) is not rendered unconstitutional by its mandatory sentencing structure, even as applied to a juvenile offender, and particularly in light of the district court's ability to consider mitigating cireumstances when considering whether to…”

Dharminder Vir Sen v. The State of Wyoming, 2013 WY 47 (Wyo. 2013). · cites it 11× “[14] Following an investigation, Sen was charged with first-degree felony murder, in violation of Wyo. Stat. Ann. § 6-2-101 (a) (LexisNexis 2009), conspiracy to commit aggravated burglary, in violation of Wyo.”

Bouwkamp v. State, 833 P.2d 486 (Wyo. 1992). · cites it 16× “Consequently, it does not dictate application of the felony murder rule where both the intent to commit the felony and the act itself follow the murder as a separate transaction, as Bouwkamp contended happened here.”

Teniente v. State, 2007 WY 165 (Wyo. 2007). · cites it 11× “Issue VI-Motion for Mistrial 9 Issue VII- Wyo. Stat. Ann. § 6-2-101 (c) is Unconstitutionally Vague [¶81] Teniente argues that Wyo.”

Belden v. State, 2003 WY 89 (Wyo. 2003). · cites it 10× “§ 6-2-302 (a)(i) and first-degree murder in violation of Wyo. Stat. Ann. § 6-2-101 (a). Belden asserts multiple errors in his trial including claims of judicial and prosecutorial misconduct, admission of prejudicial uncharged misconduct evidence, exclusion from an in camera…”

Cook v. State, 841 P.2d 1345 (Wyo. 1992). · cites it 14× “As we contemplate and analyze legislative intent, we must note that Wyo.Stat. § 6-2-101 (1988) describes a killing "in the perpetration of, or attempt to perpetrate, any sexual assault, arson, robbery, burglary, escape, resisting arrest or kidnapping" (emphasis added).”

Kenyon v. State, 2004 WY 100 (Wyo. 2004). · cites it 10× “[¶ 2] We hold that the life imprisonment without parole provision of Wyo. Stat. Ann. § 6-2-101 (e) (LexisNexis 2003) does not violate due process and Kenyon’s convictions and sentences should be affirmed on all issues.”

Wyatt L. Bear Cloud, 2014 WY 113 (Wyo. 2014). · cites it 4× “Bear Cloud was convicted on his guilty plea of Murder in the First Degree (Felony-Murder), in violation of Wyo. Stat. Ann. § 6-2-101 (a) (LexisNexis 2011); Conspiracy to Commit Aggravated Burglary, in violation of Wyo.”

Jesse James Hartley v. The State of Wyoming, 2020 WY 40 (Wyo. 2020). · cites it 6× “Hartley with first-degree felony murder pursuant to Wyo. Stat. Ann. §§ 6-2-101 (a) & (b) and 6-2-503(a)(ii)(A) & (c) (LexisNexis 2019), aggravated child abuse pursuant to Wyo.”

Johnson v. State, 2003 WY 9 (Wyo. 2003). · cites it 8× “Child Abuse [¶ 22] Johnson was charged with first degree felony murder in violation of Wyo. Stat. Ann. § 6-2-101 (Michie 1994) [9] .”

Show all 152 citing cases →

— Wyo. Stat. § 6-2-101(a) — 33 cases

Cook v. State, 841 P.2d 1345 (Wyo. 1992). “As we contemplate and analyze legislative intent, we must note that Wyo.Stat. § 6-2-101 (1988) describes a killing "in the perpetration of, or attempt to perpetrate, any sexual assault, arson, robbery, burglary, escape, resisting arrest or kidnapping" (emphasis added).”

Ramos v. State, 806 P.2d 822 (Wyo. 1991).

Hansen v. State, 904 P.2d 811 (Wyo. 1995).

Foltz v. State, 407 P.3d 398 (Wyo. 2017).

Harris v. State, 933 P.2d 1114 (Wyo. 1997).

— Wyo. Stat. § 6-2-101(b) — 14 cases

Wyatt L. Bear Cloud v. The State of Wyoming, 2013 WY 18 (Wyo. 2013). “We stated, " Wyo. Stat. Ann. § 6-2-101 (b) is not rendered unconstitutional by its mandatory sentencing structure, even as applied to a juvenile offender, and particularly in light of the district court's ability to consider mitigating cireumstances when considering whether to…”

Roper v. Simmons, 543 U.S. 551 (2005).

Dharminder Vir Sen v. The State of Wyoming, 2013 WY 47 (Wyo. 2013). “[14] Following an investigation, Sen was charged with first-degree felony murder, in violation of Wyo. Stat. Ann. § 6-2-101 (a) (LexisNexis 2009), conspiracy to commit aggravated burglary, in violation of Wyo.”

Simmons v. South Carolina, 512 U.S. 154 (1994).

— Wyo. Stat. § 6-2-101(c) — 2 cases

Teniente v. State, 2007 WY 165 (Wyo. 2007). “Issue VI-Motion for Mistrial 9 Issue VII- Wyo. Stat. Ann. § 6-2-101 (c) is Unconstitutionally Vague [¶81] Teniente argues that Wyo.”

Kenyon v. State, 2004 WY 100 (Wyo. 2004). “[¶ 2] We hold that the life imprisonment without parole provision of Wyo. Stat. Ann. § 6-2-101 (e) (LexisNexis 2003) does not violate due process and Kenyon’s convictions and sentences should be affirmed on all issues.”

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