Wyo. Stat. » Wyo. Stat. / Title 06 - Crimes and Offenses / Chapter 2 - OFFENSES AGAINST THE PERSON / Article 5 - ASSAULT AND BATTERY
Wyoming Statutes

Wyo. Stat. § 6-2-501 (2026)

Simple assault; battery; penalties.

✓ current as of May 2026
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(a) A person is guilty of simple assault if, having the
present ability to do so, he unlawfully attempts to cause bodily
injury to another.

     (b) A person is guilty of battery if he intentionally,
knowingly or recklessly causes bodily injury to another person
by use of physical force.

     (c) Simple assault is a misdemeanor punishable by a fine
of not more than seven hundred fifty dollars ($750.00).

     (d) Battery is a misdemeanor punishable by imprisonment
for not more than six (6) months, a fine of not more than seven
hundred fifty dollars ($750.00), or both. Notwithstanding any
other provision of law, the term of probation imposed by a judge
under this subsection may exceed the maximum term of
imprisonment established for the offense under this subsection
provided the term of probation, together with any extension
thereof, shall in no case exceed one (1) year.
     (e)   Repealed By Laws 2014, Ch. 13, § 3.

     (f)   Repealed By Laws 2014, Ch. 13, § 3.

     (g)   A person is guilty of unlawful contact if he:

          (i) Touches another person in a rude, insolent or
angry manner without intentionally using sufficient physical
force to cause bodily injury to another; or

           (ii)   Recklessly causes bodily injury to another
person.

     (h) An unlawful contact under subsection (g) of this
section is a misdemeanor punishable by imprisonment for not more
than six (6) months, a fine of not more than seven hundred fifty
dollars ($750.00) or both.
Notes of Decisions
Cited in 82 cases (2 in the last 5 years), 1985–2026 · leading case: United States v. Hays, 526 F.3d 674 (10th Cir. 2008).
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United States v. Hays, 526 F.3d 674 (10th Cir. 2008). · cites it 14× “*683 Wyo. Stat. Ann. § 6-2-501 (b) does have a mens rea requirement, however, making Leocal inapposite to the case at hand.”
Jones v. State, 2011 WY 115 (Wyo. 2011). · cites it 21× “[T4] Appellant was charged with one count of battery, third offense against a household member in violation of Wyo. Stat. Ann. § 6-2-501 (b) and 6-2-501(£)(ii), and one count of unlawfully and knowingly obstructing, impeding, or interfering with a peace officer engaged in the…”
Garnica v. State, 2011 WY 85 (Wyo. 2011). · cites it 31× “[¶1] After two episodes of domestic violence against his ex-wife, Kerry Garnica was charged with two counts of unlawfully touching a household member for a third or subsequent time in the past ten years, in violation of Wyo. Stat. Ann. § 6-2-501 (b) and ()G) (LexisNexis 2007).”
Matthew Scott Worley v. State, 2017 WY 3 (Wyo. 2017). · cites it 6× “See Wyo. Stat. Ann. § 6-2-501 (LexisNexis 2015).”
Messer v. State, 2004 WY 98 (Wyo. 2004). · cites it 10× “[¶ 1] John Messer was convicted by a jury of felony domestic violence in violation of Wyo. Stat. Ann. § 6-2-501 (b) and (f)(ii) (LexisNexis 2003).”
Fall v. State, 963 P.2d 981 (Wyo. 1998). · cites it 19× “Wyo. Stat. § 6-2-501 (1997). The term “household member” is defined as: (iv) “Household member” means: (A) Persons married to each other; (B) Persons living with each other as if married; (C) Persons formerly married to each other; (D) Persons formerly living with each other as…”
Spinner v. State, 2003 WY 106 (Wyo. 2003). · cites it 10× “[11] In June 2001, a Campbell County jury found Lance Spinner (appellant) guilty of battery against a household member in violation of Wyo. Stat. Ann. § 6-2-501 (b) and (F)(ii) (LexisNexis 2003), a felony.”
Mueller v. State, 2001 WY 134 (Wyo. 2001). · cites it 6× “Lesser-Included Offense of Assault and Battery [T18] Mueller also contends that a lesser-included offense instruction should have been given with respect to the offense of simple battery, as defined by Wyo. Stat. Ann. § 6-2-501 (b) (LexisNexis 2001): Simple assault; § 6-2-501.”
Amin v. State, 694 P.2d 119 (Wyo. 1985). · cites it 12× “Section 6-2-501(a), W.S. 1977 (June 1983 Replacement) provides: "(a) A person is guilty of simple assault if, having the present ability to do so, he unlawfully attempts to cause bodily injury to another.”
Sarr v. State, 2007 WY 140 (Wyo. 2007). · cites it 10× “Sarr entered a conditional plea of no contest to one count of simple assault and battery, domestic violence, third or subsequent offense in ten years, in *893 violation of Wyo. Stat. Ann. § 6-2-501 (b)(e)(P(ii) (LexisNexis 2000).”
Anderson v. State, 2002 WY 46 (Wyo. 2002). · cites it 7× “Wyo. Stat. Ann. § 6-2-501 (LexisNexis 2001).”
Kiyon L. Brown, 2014 WY 104 (Wyo. 2014). · cites it 7× “Brown was charged with one count of aggravated battery in violation of Wyo. Stat. Ann. § 6-2-502 (a)(i) as a result of his blow to Ms.”
Show all 82 citing cases →
— Wyo. Stat. § 6-2-501(6)(ii) — 1 case
Garnica v. State, 2011 WY 85 (Wyo. 2011). “[¶1] After two episodes of domestic violence against his ex-wife, Kerry Garnica was charged with two counts of unlawfully touching a household member for a third or subsequent time in the past ten years, in violation of Wyo. Stat. Ann. § 6-2-501 (b) and ()G) (LexisNexis 2007).”
— Wyo. Stat. § 6-2-501(a) — 17 cases
Amin v. State, 694 P.2d 119 (Wyo. 1985). “Section 6-2-501(a), W.S. 1977 (June 1983 Replacement) provides: "(a) A person is guilty of simple assault if, having the present ability to do so, he unlawfully attempts to cause bodily injury to another.”
Mueller v. State, 2001 WY 134 (Wyo. 2001). “Lesser-Included Offense of Assault and Battery [T18] Mueller also contends that a lesser-included offense instruction should have been given with respect to the offense of simple battery, as defined by Wyo. Stat. Ann. § 6-2-501 (b) (LexisNexis 2001): Simple assault; § 6-2-501.”
Anderson v. State, 2002 WY 46 (Wyo. 2002). “Wyo. Stat. Ann. § 6-2-501 (LexisNexis 2001).”
Dean v. State, 2008 WY 124 (Wyo. 2008).
Sarr v. State, 2007 WY 140 (Wyo. 2007). “Sarr entered a conditional plea of no contest to one count of simple assault and battery, domestic violence, third or subsequent offense in ten years, in *893 violation of Wyo. Stat. Ann. § 6-2-501 (b)(e)(P(ii) (LexisNexis 2000).”
— Wyo. Stat. § 6-2-501(b) — 28 cases
Messer v. State, 2004 WY 98 (Wyo. 2004). “[¶ 1] John Messer was convicted by a jury of felony domestic violence in violation of Wyo. Stat. Ann. § 6-2-501 (b) and (f)(ii) (LexisNexis 2003).”
Amin v. State, 694 P.2d 119 (Wyo. 1985). “Section 6-2-501(a), W.S. 1977 (June 1983 Replacement) provides: "(a) A person is guilty of simple assault if, having the present ability to do so, he unlawfully attempts to cause bodily injury to another.”
United States v. Hays, 526 F.3d 674 (10th Cir. 2008). “*683 Wyo. Stat. Ann. § 6-2-501 (b) does have a mens rea requirement, however, making Leocal inapposite to the case at hand.”
Garnica v. State, 2011 WY 85 (Wyo. 2011). “[¶1] After two episodes of domestic violence against his ex-wife, Kerry Garnica was charged with two counts of unlawfully touching a household member for a third or subsequent time in the past ten years, in violation of Wyo. Stat. Ann. § 6-2-501 (b) and ()G) (LexisNexis 2007).”
Fall v. State, 963 P.2d 981 (Wyo. 1998). “Wyo. Stat. § 6-2-501 (1997). The term “household member” is defined as: (iv) “Household member” means: (A) Persons married to each other; (B) Persons living with each other as if married; (C) Persons formerly married to each other; (D) Persons formerly living with each other as…”
— Wyo. Stat. § 6-2-501(b)(e) — 1 case
Sarr v. State, 2007 WY 140 (Wyo. 2007). “Sarr entered a conditional plea of no contest to one count of simple assault and battery, domestic violence, third or subsequent offense in ten years, in *893 violation of Wyo. Stat. Ann. § 6-2-501 (b)(e)(P(ii) (LexisNexis 2000).”
— Wyo. Stat. § 6-2-501(b)(e)(f)(i) — 1 case
Sarr v. State, 2007 WY 140 (Wyo. 2007). “Sarr entered a conditional plea of no contest to one count of simple assault and battery, domestic violence, third or subsequent offense in ten years, in *893 violation of Wyo. Stat. Ann. § 6-2-501 (b)(e)(P(ii) (LexisNexis 2000).”
— Wyo. Stat. § 6-2-501(e) — 1 case
Timothy S. Nickels v. State, 2015 WY 85 (Wyo. 2015).
— Wyo. Stat. § 6-2-501(f) — 2 cases
Messer v. State, 2004 WY 98 (Wyo. 2004). “[¶ 1] John Messer was convicted by a jury of felony domestic violence in violation of Wyo. Stat. Ann. § 6-2-501 (b) and (f)(ii) (LexisNexis 2003).”
Spinner v. State, 2003 WY 106 (Wyo. 2003). “[11] In June 2001, a Campbell County jury found Lance Spinner (appellant) guilty of battery against a household member in violation of Wyo. Stat. Ann. § 6-2-501 (b) and (F)(ii) (LexisNexis 2003), a felony.”
— Wyo. Stat. § 6-2-501(f)(ii) — 2 cases
Fall v. State, 963 P.2d 981 (Wyo. 1998). “Wyo. Stat. § 6-2-501 (1997). The term “household member” is defined as: (iv) “Household member” means: (A) Persons married to each other; (B) Persons living with each other as if married; (C) Persons formerly married to each other; (D) Persons formerly living with each other as…”
Messer v. State, 2004 WY 98 (Wyo. 2004). “[¶ 1] John Messer was convicted by a jury of felony domestic violence in violation of Wyo. Stat. Ann. § 6-2-501 (b) and (f)(ii) (LexisNexis 2003).”
— Wyo. Stat. § 6-2-501(g) — 2 cases
Garnica v. State, 2011 WY 85 (Wyo. 2011). “[¶1] After two episodes of domestic violence against his ex-wife, Kerry Garnica was charged with two counts of unlawfully touching a household member for a third or subsequent time in the past ten years, in violation of Wyo. Stat. Ann. § 6-2-501 (b) and ()G) (LexisNexis 2007).”
Timothy S. Nickels v. State, 2015 WY 85 (Wyo. 2015).
— Wyo. Stat. § 6-2-501(g)(i) — 1 case
Garnica v. State, 2011 WY 85 (Wyo. 2011). “[¶1] After two episodes of domestic violence against his ex-wife, Kerry Garnica was charged with two counts of unlawfully touching a household member for a third or subsequent time in the past ten years, in violation of Wyo. Stat. Ann. § 6-2-501 (b) and ()G) (LexisNexis 2007).”
— Wyo. Stat. § 6-2-501(h) — 1 case
Garnica v. State, 2011 WY 85 (Wyo. 2011). “[¶1] After two episodes of domestic violence against his ex-wife, Kerry Garnica was charged with two counts of unlawfully touching a household member for a third or subsequent time in the past ten years, in violation of Wyo. Stat. Ann. § 6-2-501 (b) and ()G) (LexisNexis 2007).”
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