Wyoming Statutes
Wyo. Stat. § 6-2-312 (2026)
Evidence of victim's prior sexual conduct or
✓ current as of May 2026
Find cases:
SyfertCases citing this section
WY-LEGwyoleg.gov
JustiaTitle on Justia
CornellLII Search
CasesGoogle Scholar
reputation; procedure for introduction.
(a) In any prosecution under this article or for any
lesser included offense, if evidence of the prior sexual conduct
of the victim, reputation evidence or opinion evidence as to the
character of the victim is to be offered the following procedure
shall be used:
(i) A written motion shall be made by the defendant
to the court at least ten (10) days prior to the trial stating
that the defense has an offer of proof of the relevancy of
evidence of the sexual conduct of the victim and its relevancy
to the defense;
(ii) The written motion shall be accompanied by
affidavits in which the offer of proof is stated;
(iii) If the court finds the offer of proof
sufficient, the court shall order a hearing in chambers, and at
the hearing allow the questioning of the victim regarding the
offer of proof made by the defendant and other pertinent
evidence;
(iv) At the conclusion of the hearing, if the court
finds that the probative value of the evidence substantially
outweighs the probability that its admission will create
prejudice, the evidence shall be admissible pursuant to this
section. The court may make an order stating what evidence may
be introduced by the defendant, which order may include the
nature of the questions to be permitted.
(b) This section does not limit the introduction of
evidence as to prior sexual conduct of the victim with the
actor.
(c) Any motion or affidavit submitted pursuant to this
section is privileged information and shall not be released or
made available for public use or scrutiny in any manner,
including posttrial proceedings.Notes of Decisions
Cited in 23
cases (2 in the last 5 years), 1984–2025 · leading case: Travis Bogard v. The State of Wyoming, 2019 WY 96 (Wyo. 2019).
Travis Bogard v. The State of Wyoming, 2019 WY 96 (Wyo. 2019). “(quoting Wyo. Stat. Ann. § 6-2-312 (a)(Lexis Nexis 2009)).”
Michael Scott Carroll, II v. State, 2015 WY 87 (Wyo. 2015). “There was no violation of a clear and unequivocal rule of law and, accordingly, no plain error occurred.”
Donald Floyd Detimore v. The State of Wyoming, 2024 WY 109 (Wyo. 2024). “Prior to trial, the district court denied his motion to introduce evidence subject to the rape shield statute, Wyo. Stat. Ann. § 6-2-312 . He argues the district court’s exclusion of that evidence violated his constitutional rights to confront the witnesses against him and to…”
William Lane McGarvey v. The State of Wyoming, 2014 WY 66 (Wyo. 2014). “[¶ 17] McGarvey's attorney had to persuade the trial judge that the disputed evidence could properly be admitted under Wyoming's rape shield statute, Wyo. Stat. Ann. § 6-2-312 . That statute requires a defendant who wishes to introduce evidence of the victim's prior sexual…”
Johnson v. State, 806 P.2d 1282 (Wyo. 1991). “The trial judge refused to allow this evidence based upon appellant's failure to file proper notice under the Wyoming Rape Shield Act, W.S. 6-2-312 (June 1988 Repl.). [2] Appellant contends, however, that the Rape Shield Act was inapplicable in this case.”
Sparks v. State, 440 P.3d 1095 (Wyo. 2019). “Sparks filed a motion to allow him to present evidence concerning DJJ's familiarity with certain sexual acts, a past false allegation of sexual abuse, and a suicide attempt in 2016 pursuant to Wyo. Stat. Ann. § 6-2-312 , the rape shield statute.”
Martinez v. State, 432 P.3d 493 (Wyo. 2018). “Martinez concedes the first of those reports is inadmissible under Wyoming's rape shield statute, Wyo. Stat. Ann. § 6-2-312 (LexisNexis 2017).”
James v. State, 888 P.2d 200 (Wyo. 1994). “(a) In any prosecution under W.S. 6-2-302 through 6-2-305 or for any lesser included offense, if evidence of the prior sexual conduct of the victim, reputation evidence or opinion evidence as to the character of the victim is to be offered the following procedure shall be used:…”
Moser v. State, 409 P.3d 1236 (Wyo. 2018). “Wyo. Stat. Ann. § 6-2-312 (LexisNexis 2017).”
Watters v. State, 2004 WY 155 (Wyo. 2004). “Watters) argument is fatally flawed by his assumption that defense counsel successfully distinguished this evi-denee from that generally excluded by § 6-2-312. Watters' sole reference in his brief to that statute reads: The defense distinguished this type of testimony from…”
Velos v. State, 752 P.2d 411 (Wyo. 1988). “* * * ” The state based the motion on three grounds including: (1) that defense counsel had not made an offer of proof in writing that it intended to use evidence of the victim’s past sexual conduct at trial under § 6-2-312(a), W.S.1977 (June 1983 Replacement); 1 (2) that the…”
Boucher v. State, 2011 WY 2 (Wyo. 2011). “"); and Wyo. Stat. Ann. § 6-2-312 (LexisNexis 2009) (governing the admission of sexual history evidence of sexual assault victims).”
— Wyo. Stat. § 6-2-312(2) — 1 case
Trusky v. State, 7 P.3d 5 (Wyo. 2000).
— Wyo. Stat. § 6-2-312(a) — 2 cases
Velos v. State, 752 P.2d 411 (Wyo. 1988). “* * * ” The state based the motion on three grounds including: (1) that defense counsel had not made an offer of proof in writing that it intended to use evidence of the victim’s past sexual conduct at trial under § 6-2-312(a), W.S.1977 (June 1983 Replacement); 1 (2) that the…”
Watters v. State, 2004 WY 155 (Wyo. 2004). “Watters) argument is fatally flawed by his assumption that defense counsel successfully distinguished this evi-denee from that generally excluded by § 6-2-312. Watters' sole reference in his brief to that statute reads: The defense distinguished this type of testimony from…”
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.