Wyo. Stat. » Wyo. Stat. / Title 06 - Crimes and Offenses / Chapter 2 - OFFENSES AGAINST THE PERSON / Article 2 - KIDNAPPING AND RELATED OFFENSES
Wyoming Statutes

Wyo. Stat. § 6-2-204 (2026)

Interference with custody; presumption of

✓ current as of May 2026
Find cases: SyfertCases citing this section WY-LEGwyoleg.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar 
knowledge of child's age; affirmative defenses; penalties.

     (a) A person is guilty of interference with custody if,
having no privilege to do so, he knowingly:

          (i) Takes or entices a minor from the custody of the
minor's parent, guardian or other lawful custodian; or

          (ii) Fails or refuses to return a minor to the person
entitled to custody.

     (b) Proof that the child was under the age of majority
gives rise to an inference that the person knew the child's age.

     (c) It is an affirmative defense to a prosecution under
this section that:

          (i) The action was necessary to preserve the child
from an immediate danger to his welfare; or

          (ii) The child was not less than fourteen (14) years
old and the child was taken away or was not returned:

                 (A)   At his own instigation; and
               (B) Without intent to commit a criminal offense
with or against the child.

     (d) Interference with custody is a felony punishable by
imprisonment for not more than five (5) years if:

          (i) The defendant is not a parent or person in
equivalent relation to the child; or

          (ii) The defendant knowingly conceals and harbors the
child or refuses to reveal the location of the child to the
parent, guardian or lawful custodian.

     (e) Interference with custody which is not punishable
under subsection (d) of this section is a felony punishable by
imprisonment for not more than two (2) years.
Notes of Decisions
Cited in 7 cases, 1987–2019 · leading case: Weidt v. State, 2002 WY 74 (Wyo. 2002).
Sort: Relevance Newest Treatment
Weidt v. State, 2002 WY 74 (Wyo. 2002). · cites it 36× “Wyo. Stat. Ann. § 6-2-204 (LexisNexis 2001).”
Mitchell v. State, 426 P.3d 830 (Wyo. 2018). · cites it 10× “Mitchell pled no contest to one count of felony interference with custody, in violation of Wyo. Stat. Ann. § 6-2-204 (a)(ii) and (d)(ii) (Lexis Nexis 2017).”
Rios v. State, 733 P.2d 242 (Wyo. 1987). · cites it 6× “Appellant's failure to return the child, Jesus, was an act of omission criminalized by Section 6-2-204, W.S. 1977 (1982 Cum.Supp.”
Phillips v. State, 2007 WY 25 (Wyo. 2007). · cites it 2× “Wyo. Stat. Ann. § 6-2-204 (LexisNexis 2005) provides in pertinent part as follows: (a) A person is guilty of interference with custody if, having no privilege to do so, he knowingly: (ii) Fails or refuses to return a minor to the person entitled to custody.”
Mitchell v. Preston, 439 P.3d 718 (Wyo. 2019). · cites it 2× “In addition, the State charged him with felony interference with custody, in violation of Wyo. Stat. Ann. § 6-2-204 (a)(ii), (d) and (e) (LexisNexis 2017).”
Bell v. State, 994 P.2d 947 (Wyo. 2000). · cites it 2× “He claims that he was prejudiced because he was unable to avail himself of the affirmative defense to the custodial interference charges that the victim left or did not return at her own instigation and that he lacked the necessary intent to commit a criminal offense with or…”
Foster-Zahid v. Commonwealth, 477 S.E.2d 759 (Va. Ct. App. 1996). “2 (1994); Wyo. Stat. § 6-2-204 (1989); S.D. Codified Laws Ann.”
Wyo. Stat. § 6-2-204(a)(ii)(d)(i): 1 case
Weidt v. State, 2002 WY 74 (Wyo. 2002). “Wyo. Stat. Ann. § 6-2-204 (LexisNexis 2001).”
Wyo. Stat. § 6-2-204(a)(ii)(d)(ii): 1 case
Weidt v. State, 2002 WY 74 (Wyo. 2002). “Wyo. Stat. Ann. § 6-2-204 (LexisNexis 2001).”
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.