Wyoming Statutes

Wyo. Stat. § 6-2-104 (2026)

Murder in the second degree; penalty.

✓ current as of May 2026

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(a) Except as provided in W.S. 6-2-109, whoever purposely
and maliciously, but without premeditation, kills any human
being is guilty of murder in the second degree, and shall be
imprisoned in the penitentiary for any term not less than twenty
(20) years, or during life.

     (b) A person is guilty of murder in the second degree of
an unborn child if:

          (i) The person purposely and maliciously, but without
premeditation, 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.

     (c) A person guilty of murder in the second degree of an
unborn child shall be imprisoned in the penitentiary for any
term not less than twenty (20) years, or during life.

Notes of Decisions

Cited in 90 cases (12 in the last 5 years), 1983–2026 · leading case: State v. Keffer, 860 P.2d 1118 (Wyo. 1993).

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State v. Keffer, 860 P.2d 1118 (Wyo. 1993). · cites it 13× “NOTES [1] Wyo.Stat. § 6-2-104 (1988) provides as follows: Whoever purposely and maliciously, but without premeditation, kills any human being is guilty of murder in the second degree, and shall be imprisoned in the penitentiary for any term not less than twenty (20) years, or…”

Richard Cameron Wilkerson, 2014 WY 136 (Wyo. 2014). · cites it 13× “However, we also conclude that the definition of malice contained in our precedent does not satisfy the malicious intent requirement of second-degree murder under Wyo. Stat. Ann. § 6-2-104 . Accordingly, we must overturn that precedent and reverse Mr.”

Ryan v. State, 988 P.2d 46 (Wyo. 1999). · cites it 12× “Ryan was charged with first degree murder in violation of Wyo. Stat. Ann. § 6-2-101 (a). [1] After lengthy deliberations, the jury convicted Ryan of the lesser included offense of murder in the second degree, in violation of Wyo.”

Schmuck v. State, 406 P.3d 286 (Wyo. 2017). · cites it 6× “Although “malice” is simply the substantive form of the adverb, “maliciously,” it is preferable to define a term in the same form that it is used in the instruction and the statute. The district court did not abuse its discretion, however, when it instructed the jury on the…”

Wilks v. State, 2002 WY 100 (Wyo. 2002). · cites it 5× “On October 14, 2000, a jury acquitted him of first-degree murder but convicted him of the lesser-included offense of second-degree murder under Wyo. Stat. Ann. § 6-2-104 (LexisNexis 2001).”

Ramos v. State, 806 P.2d 822 (Wyo. 1991). · cites it 10× “A jury found Appellant guilty of second-degree murder in violation of Wyo. Stat. § 6-2-104 (1977), [1] and the district court sentenced him to a term of not less than thirty-five years nor more than forty years in the Wyoming State Penitentiary.”

Young v. State, 849 P.2d 754 (Wyo. 1993). · cites it 10× “The offense of second degree murder is defined in Wyo. Stat. § 6-2-104 (1988) as follows: Whoever purposely and maliciously, but without premeditation, kills any human being is guilty of murder in the second degree, and shall be imprisoned in the penitentiary for any term not…”

Jeremiah Ethan Samuel Shull v. State, 2017 WY 14 (Wyo. 2017). · cites it 6× “Wyo. Stat. Ann. § 6-2-101 (b). A conviction of Second degree murder carries a minimum penalty of twenty years imprisonment and a maximum penalty of life imprisonment as a matter of law.”

Summers v. State, 725 P.2d 1033 (Wyo. 1986). · cites it 6× “Appellant was convicted of one count of second degree murder in violation of § 6-2-104, W.S. 1977, and one count of attempted second degree murder in violation of § 6-1-301(a)(i) and § 6-2-104, W.”

Randy Ray Pickering v. The State of Wyoming, 2020 WY 66 (Wyo. 2020). · cites it 4× “Pickering was charged with three counts of attempted second-degree murder under Wyo. Stat. Ann. §§ 6-2-104 and 6-1-301(a)(i) (Blue Team officers were alleged victims).”

Brian J. Noel v. The State of Wyoming, 2014 WY 30 (Wyo. 2014). · cites it 7× “" PROCEDURAL HISTORY [17] On November 9, 2011, Noel was charged with two counts of attempted see-ond-degree murder pursuant to Wyo. Stat. Ann. §§ 6-2-104 and 6-1-801(a) (LexisNexis 2018).”

Bouwkamp v. State, 833 P.2d 486 (Wyo. 1992). · cites it 4× “Wyo.Stat. § 6-2-104 (June 1988) defines murder in the second degree as a killing committed "purposely and maliciously, but without premeditation.”

Show all 90 citing cases →

— Wyo. Stat. § 6-2-104(a) — 1 case

Eavan Castaner v. The State of Wyoming, 2026 WY 25 (Wyo. 2026).

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