Wyoming Statutes

Wyo. Stat. § 6-2-307 (2026)

Evidence of marriage as defense.

✓ current as of May 2026

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(a) The fact that the actor and the victim are married to
each other is not by itself a defense to a violation of W.S.
6-2-302(a)(i), (ii) or (iii) or 6-2-303(a)(i), (ii), (iii), (vi)
or (vii).

     (b) Consent of the victim is not a defense to a violation
of W.S. 6-2-303(a)(vii) or 6-2-304(a)(iii).

Notes of Decisions

Cited in 2 cases, 1987–1996 · leading case: Shunn v. State, 742 P.2d 775 (Wyo. 1987).

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Shunn v. State, 742 P.2d 775 (Wyo. 1987). · cites it 10× “1 Appellant states the issue as: “Whether the vague wording of Wyoming’s marital exception statute, Wyoming Statute section 6-2-307, renders Wyoming’s sexual assault statute, Wyoming Statute section 6-2-302, unconstitutional as applied to a person convicted of sexually…”

Moore v. State, 912 P.2d 1113 (Wyo. 1996). · cites it 2× “The frailty of such thinking is underscored by Wyo.Stat. § 6-2-307 (1988), which eliminates marriage as a complete defense to crimes of sexual assault.”

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