Wyoming Statutes

Wyo. Stat. § 6-2-109 (2026)

Sentencing enhancement for the homicide of a

✓ current as of May 2026
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pregnant woman.

     (a) Upon sentencing of a defendant who is convicted of an
offense pursuant to W.S. 6-2-104(a), 6-2-105 or 6-2-108, if the
jury has found that the victim was pregnant at the time of the
commission of the offense and that the defendant knew that the
victim was pregnant at the time of the commission of the
offense, the court shall impose a sentence as follows:

          (i) For a conviction of W.S. 6-2-104(a), imprisonment
in the penitentiary for any term not less than forty (40) years,
or during life; or
          (ii) For a conviction of W.S. 6-2-105 or 6-2-108,
imprisonment in the penitentiary for any term not less than ten
(10) years and not more than thirty (30) years.
Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2017–2024 · leading case: Webb v. State, 401 P.3d 914 (Wyo. 2017).
Webb v. State, 401 P.3d 914 (Wyo. 2017). “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.”
Jeremiah Ethan Samuel Shull v. State, 2017 WY 14 (Wyo. 2017). “§ 6-2-104 (LexisNexis 2015) provides that "[ejxcept as provided in § 6-2-109 [dealing with homicide of a pregnant woman], whoever purposely and maliciously, but without premeditation, kills any human being is guilty of murder in the second degree.”
Vincent Daniel Hayes v. The State of Wyoming, 2024 WY 135 (Wyo. 2024). · cites it 2× “4 jury instructions are critical to our criminal justice system and ensuring the jury understands its role in that regard: The function of jury instructions is to afford the jury with a foundational legal understanding to enable a reasoned application of the facts to the law.”
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