Wyoming Statutes

Wyo. Stat. § 6-2-306 (2026)

Penalties for sexual assault.

✓ current as of May 2026

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(a) An actor convicted of sexual assault under W.S.
6-2-302 through 6-2-304 who does not qualify under the criteria
of subsection (b) or (d) of this section shall be punished as
follows:

          (i) Sexual assault in the first degree under W.S.
6-2-302 is a felony punishable by imprisonment for not less than
five (5) years nor more than fifty (50) years;

          (ii) Sexual assault in the second degree under W.S.
6-2-303 is a felony punishable by imprisonment for not less than
two (2) years nor more than twenty (20) years;

          (iii) Sexual assault in the third degree under W.S.
6-2-304 is a felony punishable by imprisonment for not more than
fifteen (15) years;

           (iv)    Repealed By Laws 1997, ch. 135, § 2.

     (b) An actor who is convicted of sexual assault under W.S.
6-2-302 through 6-2-304, who has previously been convicted of
any crime containing the same or similar elements as the crimes
defined in W.S. 6-2-302 through 6-2-304 and who does not qualify
under the criteria of subsection (d) of this section shall be
punished as follows:

           (i)    Repealed By Laws 2007, Ch. 159, § 3.

           (ii)    Repealed By Laws 2007, Ch. 159, § 3.

          (iii) Sexual assault in the first or second degree
under W.S. 6-2-302 or 6-2-303 is a felony punishable by
imprisonment for not less than twenty-five (25) years or for
life; or

          (iv) Sexual assault in the third degree under W.S.
6-2-304 is a felony punishable by imprisonment for not more than
twenty (20) years.

     (c)   Repealed By Laws 1997, Ch. 135, § 2; 2007, Ch. 159, §
3.

     (d) An actor who is convicted of sexual assault under W.S.
6-2-302 through 6-2-304, or sexual abuse of a minor under W.S.
6-2-316 through 6-2-317, shall be punished by life imprisonment
without parole if the actor has two (2) or more previous
convictions for any of the following designated offenses, which
convictions resulted from charges separately brought and which
arose out of separate occurrences in this state or elsewhere and
which convictions were for offenses committed after the actor
reached the age of eighteen (18) years of age:

          (i) A crime defined in W.S. 6-2-302 through 6-2-304
or a criminal statute from another jurisdiction containing the
same or similar elements as a crime defined by W.S. 6-2-302
through 6-2-304.

          (ii)    Repealed By Laws 1997, ch. 135, § 2.

          (iii)    Repealed By Laws 2007, Ch. 159, § 3.

     (e) An actor who is convicted of sexual abuse of a minor
under W.S. 6-2-314 or 6-2-315 shall be punished by life
imprisonment without parole if the actor has one (1) or more
previous convictions for a violation of W.S. 6-2-302 through
6-2-304, 6-2-314 or 6-2-315, or a criminal statute containing
the same or similar elements as the crimes defined by W.S.
6-2-302 through 6-2-304, 6-2-314 or 6-2-315, which convictions
resulted from charges separately brought and which arose out of
separate occurrences in this state or elsewhere and which
convictions were for offenses committed after the actor reached
the age of eighteen (18) years of age.

Notes of Decisions

Cited in 53 cases (3 in the last 5 years), 1984–2022 · leading case: Betzle v. State, 847 P.2d 1010 (Wyo. 1993).

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Betzle v. State, 847 P.2d 1010 (Wyo. 1993). · cites it 14× “Wyo.Stat. § 6-2-306(a)(ii), (b), and (c)(i) (1988) provides: (a) An actor convicted of sexual assault who does not qualify under the criteria of subsection (b) of this section shall be punished as follows: * * * * * * (ii) Sexual assault in the second degree is a felony…”

Chester Loyde Bird v. Wyoming Bd. of Parole, Daniel M. Fetsco, Exec. Dir., & Wyoming Dep't of Corr., Robert O. Lampert, Dir., 2016 WY 100 (Wyo. 2016). · cites it 6× “See Wyo. Stat. Ann. § 6-2-306 (d) (LexisNexis 2015) (repeat sex offenders) and Wyo.”

Martin v. State, 720 P.2d 894 (Wyo. 1986). · cites it 4× “The actual sentence imposed in this case by the trial court was in the nature of a minimum sentence. According to the presentence investigation report appellant is no stranger to running afoul of the law.”

DeLoge v. State, 289 P.3d 776 (Wyo. 2012). · cites it 8× “6-2-302 through 6-2-304; [[Image here]] In 2007, Wyo. Stat. Ann. § 6-2-306 was amended to provide as follows: § 6-2-306.”

Misenheimer v. State, 2001 WY 65 (Wyo. 2001). · cites it 6× “[3] Wyo. Stat. Ann. § 6-2-306 (LexisNexis 2001) states: § 6-2-306.”

Byron Nelson Griggs v. State, 2016 WY 16 (Wyo. 2016). · cites it 2× “Section 6-2-306(e) states: (e) An actor who is convicted of sexual abuse of a minor under.”

Heinemann v. State, 12 P.3d 692 (Wyo. 2000). · cites it 13× “Absent that additional statutory protection, Heinemann was entitled only to the due process protections required in any criminal prosecution.”

David Michael Norgaard, 2014 WY 157 (Wyo. 2014). · cites it 8× “3d at 699-700 , we considered the constitutionality of Wyo. Stat. Ann. § 6-2-306 (d) 5 which mandated a sentence of life in prison without parole for three convictions of listed sex offenses.”

Lee v. State, 2001 WY 129 (Wyo. 2001). · cites it 4× “The legislation amending § 6-2-306(a)Giii) stated, "This act does not apply to crimes committed prior to the effective date of this act.”

McArtor v. State, 699 P.2d 288 (Wyo. 1985). · cites it 4× “"(iii) Sexual assault in the third degree is a felony punishable by imprisonment for not more than five (5) years; * * *" Section 6-2-306(a)(iii), W.S. 1977. [2] Section 14-3-105, W.”

Rivera v. State, 840 P.2d 933 (Wyo. 1992). · cites it 4× “The penalty provision for the sexual assault statute is found in Wyo.Stat. § 6-2-306 (1988) which provides, in pertinent part: (a) An actor convicted of sexual assault who does not qualify under the criteria of subsection (b) of this section shall be punished as follows: (i)…”

Goss v. Goss, 780 P.2d 306 (Wyo. 1989). · cites it 4× “6-2-303(a)(v) and W.S. 6-2-306(a)(ii). W.S. 6-2-303(a)(v) provides: "(a) Any actor who inflicts sexual intrusion on a victim commits sexual assault in the second degree if, under circumstances not constituting sexual assault in the first degree: * * * * * * "(v) At the time of…”

Show all 53 citing cases →

— Wyo. Stat. § 6-2-306(a) — 2 cases

Lee v. State, 2001 WY 129 (Wyo. 2001). “The legislation amending § 6-2-306(a)Giii) stated, "This act does not apply to crimes committed prior to the effective date of this act.”

Kelvin Wayne Williams v. State, 2015 WY 100 (Wyo. 2015).

— Wyo. Stat. § 6-2-306(a)(i) — 2 cases

Martin v. State, 720 P.2d 894 (Wyo. 1986). “The actual sentence imposed in this case by the trial court was in the nature of a minimum sentence. According to the presentence investigation report appellant is no stranger to running afoul of the law.”

In the Interest Of: Jp v. The State of Wyoming, 2022 WY 94 (Wyo. 2022).

— Wyo. Stat. § 6-2-306(a)(ii) — 5 cases

Goss v. Goss, 780 P.2d 306 (Wyo. 1989). “6-2-303(a)(v) and W.S. 6-2-306(a)(ii). W.S. 6-2-303(a)(v) provides: "(a) Any actor who inflicts sexual intrusion on a victim commits sexual assault in the second degree if, under circumstances not constituting sexual assault in the first degree: * * * * * * "(v) At the time of…”

Zanetti v. State, 783 P.2d 134 (Wyo. 1989).

Betzle v. State, 847 P.2d 1010 (Wyo. 1993). “Wyo.Stat. § 6-2-306(a)(ii), (b), and (c)(i) (1988) provides: (a) An actor convicted of sexual assault who does not qualify under the criteria of subsection (b) of this section shall be punished as follows: * * * * * * (ii) Sexual assault in the second degree is a felony…”

Young v. State, 678 P.2d 880 (Wyo. 1984).

Young v. State, 695 P.2d 1055 (Wyo. 1985).

— Wyo. Stat. § 6-2-306(a)(iii) — 4 cases

McArtor v. State, 699 P.2d 288 (Wyo. 1985). “"(iii) Sexual assault in the third degree is a felony punishable by imprisonment for not more than five (5) years; * * *" Section 6-2-306(a)(iii), W.S. 1977. [2] Section 14-3-105, W.”

Pierson v. State, 956 P.2d 1119 (Wyo. 1998).

Lee v. State, 2001 WY 129 (Wyo. 2001). “The legislation amending § 6-2-306(a)Giii) stated, "This act does not apply to crimes committed prior to the effective date of this act.”

— Wyo. Stat. § 6-2-306(a)(iv) — 1 case

Jones v. State, 811 P.2d 284 (Wyo. 1991).

— Wyo. Stat. § 6-2-306(b) — 2 cases

Driskill v. State, 761 P.2d 980 (Wyo. 1988).

— Wyo. Stat. § 6-2-306(b)(i) — 4 cases

DeLoge v. State, 2002 WY 155 (Wyo. 2002).

Brown v. State, 2004 WY 119 (Wyo. 2004).

DeLoge v. State, 289 P.3d 776 (Wyo. 2012). “6-2-302 through 6-2-304; [[Image here]] In 2007, Wyo. Stat. Ann. § 6-2-306 was amended to provide as follows: § 6-2-306.”

— Wyo. Stat. § 6-2-306(b)(ii) — 1 case

Crawford v. State, 701 P.2d 1150 (Wyo. 1985).

— Wyo. Stat. § 6-2-306(c) — 2 cases

Blakeman v. State, 2002 WY 177 (Wyo. 2002).

— Wyo. Stat. § 6-2-306(c)(i) — 2 cases

Mehring v. State, 860 P.2d 1101 (Wyo. 1993).

Garza v. State, 2010 WY 64 (Wyo. 2010).

— Wyo. Stat. § 6-2-306(c)(iii) — 1 case

Driskill v. State, 761 P.2d 980 (Wyo. 1988).

— Wyo. Stat. § 6-2-306(d) — 2 cases

Heinemann v. State, 12 P.3d 692 (Wyo. 2000). “Absent that additional statutory protection, Heinemann was entitled only to the due process protections required in any criminal prosecution.”

David Michael Norgaard, 2014 WY 157 (Wyo. 2014). “3d at 699-700 , we considered the constitutionality of Wyo. Stat. Ann. § 6-2-306 (d) 5 which mandated a sentence of life in prison without parole for three convictions of listed sex offenses.”

— Wyo. Stat. § 6-2-306(e) — 6 cases

Byron Nelson Griggs v. State, 2016 WY 16 (Wyo. 2016). “Section 6-2-306(e) states: (e) An actor who is convicted of sexual abuse of a minor under.”

Crain v. State, 2009 WY 128 (Wyo. 2009).

Sweet v. State, 2010 WY 87 (Wyo. 2010).

Julian Robert Marfil v. State, 2016 WY 12 (Wyo. 2016).

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