Wyoming Statutes

Wyo. Stat. § 6-2-308 (2026)

Criminality of conduct; victim's age.

✓ current as of May 2026

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(a) Except as provided by subsection (b) of this section,
if criminality of conduct in this article depends on a victim
being under sixteen (16) years of age, it is an affirmative
defense that the actor reasonably believed that the victim was
sixteen (16) years of age or older.

     (b) If criminality of conduct in this article depends upon
a victim being under twelve (12) years or under fourteen (14)
years, it is no defense that the actor did not know the victim's
age, or that he reasonably believed that the victim was twelve
(12) years or fourteen (14) years of age or older, as
applicable.

Notes of Decisions

Cited in 22 cases (1 in the last 5 years), 1993–2021 · leading case: Miguel Rolando Bernal-Molina v. The State of Wyoming, 2021 WY 90 (Wyo. 2021).

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Miguel Rolando Bernal-Molina v. The State of Wyoming, 2021 WY 90 (Wyo. 2021). · cites it 9× “Bernal-Molina’s theory of defense was based on Wyo. Stat. Ann. § 6-2-308 (a) (LexisNexis 2021), which states in relevant part: [I]f criminality of conduct in this article depends on a victim being under sixteen (16) years of age, it is an affirmative defense that the actor…”

Christopher James Yager v. State, 2015 WY 139 (Wyo. 2015). · cites it 9× “correctional system" under Wyo. Stat. Ann. § 6-2-308 (a)(vin)? 1 FACTS [¶8] Appellant was employed as a probation and parole agent by the Wyoming Department of Corrections, Division of Field Services.”

Berger v. State, 399 P.3d 621 (Wyo. 2017). · cites it 6× “Underlying that determination is the district court’s conclusion that the affirmative defense set forth in Wyo. Stat. Ann. § 6-2-308 (a) did not apply to Appellant’s case.”

Heywood v. State, 2007 WY 149 (Wyo. 2007). · cites it 4× “1 The three second-degree sexual assault charges were based upon Wyo. Stat. Ann. § 6-2-308 (a)(vi) (LexisNexis 2008): (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…”

Gilbert Ortiz, Jr. v. The State of Wyoming, 2014 WY 60 (Wyo. 2014). · cites it 2× “[¶19] Five days later, on January 10, 2012, the State re-filed the charges under the statute in effect at the time of the crimes, Wyo. Stat. Ann. § 6-2-308 (a)(v) (LexisNexis 2007) 1 On January 18, 2012, Mr.”

United States v. Wilson, 66 M.J. 39 (C.A.A.F. 2008). · cites it 2× “§ 61 -8B-12 (West 2007); Wyo. Stat. Ann. § 6-2-308 (2007). Three states make the mistake of fact defense available in all cases involving minors.”

Warner v. State, 2001 WY 67 (Wyo. 2001). · cites it 2× “At some point, Warner apparently returned to Georgia, because in February of 1999, following a stop for a traffic violation in Georgia, the warrant showed on an NCIC check, and Warner was returned to Wyoming for trial on two counts of second degree sexual assault, Wyo. Stat.…”

Garnett v. State, 632 A.2d 797 (Md. 1993). · cites it 2× “) (age 15); Wyo. Stat.Ann. § 6-2-308 (1988) (age 12).”

Jaime Solis v. The State of Wyoming, 2013 WY 152 (Wyo. 2013). · cites it 2× “[173] At the time Appellant was charged, there were seven (7) alternate ways in which a person could violate Wyo. Stat. Ann. § 6-2-308 (sexual assault in the second degree).”

Duke v. State, 2009 WY 74 (Wyo. 2009). · cites it 2× “" Wyo. Stat. Ann. § 6-2-308 (a). He asserts that, although he was properly advised of the crime he was charged with, the district court should have advised him of this affirmative defense.”

Faubion v. State, 2010 WY 79 (Wyo. 2010). · cites it 2× “We find that discussion to be instructive here as well: Section 6-2-308(a)(vi), W.S.1977 makes it criminal for any person in a position of authority over a victim to use that position to cause the victim to submit.”

Becker v. State, 2002 WY 126 (Wyo. 2002). · cites it 2× “[¶1] Guy Wayne Becker (Becker) pleaded nolo contendere to four counts of second-degree sexual assault in violation of Wyo. Stat. Ann. § 6-2-308 (a)(v) (LexisNexis 2001) and one count of third-degree sexual assault in violation of Wyo.”

Show all 22 citing cases →

— Wyo. Stat. § 6-2-308(A)(vi) — 1 case

Heywood v. State, 2007 WY 149 (Wyo. 2007). “1 The three second-degree sexual assault charges were based upon Wyo. Stat. Ann. § 6-2-308 (a)(vi) (LexisNexis 2008): (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…”

— Wyo. Stat. § 6-2-308(a) — 1 case

Miguel Rolando Bernal-Molina v. The State of Wyoming, 2021 WY 90 (Wyo. 2021). “Bernal-Molina’s theory of defense was based on Wyo. Stat. Ann. § 6-2-308 (a) (LexisNexis 2021), which states in relevant part: [I]f criminality of conduct in this article depends on a victim being under sixteen (16) years of age, it is an affirmative defense that the actor…”

— Wyo. Stat. § 6-2-308(a)(v) — 1 case

Woyak v. State, 2010 WY 27 (Wyo. 2010).

— Wyo. Stat. § 6-2-308(a)(vi) — 1 case

Faubion v. State, 2010 WY 79 (Wyo. 2010). “We find that discussion to be instructive here as well: Section 6-2-308(a)(vi), W.S.1977 makes it criminal for any person in a position of authority over a victim to use that position to cause the victim to submit.”

— Wyo. Stat. § 6-2-308(a)(vii) — 1 case

Christopher James Yager v. State, 2015 WY 139 (Wyo. 2015). “correctional system" under Wyo. Stat. Ann. § 6-2-308 (a)(vin)? 1 FACTS [¶8] Appellant was employed as a probation and parole agent by the Wyoming Department of Corrections, Division of Field Services.”

— Wyo. Stat. § 6-2-308(a)(vil) — 1 case

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