Wyo. Stat. » Wyo. Stat. / Title 06 - Crimes and Offenses / Chapter 2 - OFFENSES AGAINST THE PERSON / Article 6 - JUSTIFICATION

Wyo. Stat. § 6-2-602

Use of force in self defense; no duty to retreat.

Find cases: SyfertCases citing this section WY-LEGwyoleg.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar 
(a) The use of defensive force whether actual or
threatened, is reasonable when it is the defensive force that a
reasonable person in like circumstances would judge necessary to
prevent an injury or loss, and no more, including deadly force
if necessary to prevent imminent death or serious bodily injury
to the person employing the deadly force or to another person.
As used in this subsection, "necessary to prevent" includes a
necessity that arises from an honest belief that the danger
exists whether the danger is real or apparent.

     (b) A person is presumed to have held a reasonable fear of
imminent peril of death or serious bodily injury to himself or
another when using defensive force, including deadly force if:

          (i) The intruder against whom the defensive force was
used was in the process of unlawfully and forcefully entering,
or had unlawfully and forcibly entered, another's home or
habitation or, if that intruder had removed or was attempting to
remove another against his will from his home or habitation; and

          (ii) The person who uses defensive force knew or had
reason to believe that an unlawful and forcible entry or
unlawful and forcible act was occurring.

     (c) The presumption set forth in subsection (b) of this
section does not apply if:

          (i) The person against whom the defensive force is
used has a right to be in or is a lawful resident of the home or
habitation, such as an owner, lessee or titleholder, and there
is not an injunction for protection from domestic violence or a
written pretrial supervision order of no contact against that
person;

          (ii) The person sought to be removed is a child or
grandchild, or is otherwise in the lawful custody or under the
lawful guardianship of, the person against whom the defensive
force is used; or

          (iii) The person against whom the defensive force is
used is a peace officer or employee of the Wyoming department of
corrections who enters or attempts to enter another's home or
habitation in the performance of his official duties.

     (d) A person who unlawfully and by force enters or
attempts to enter another's home or habitation is presumed to be
doing so with the intent to commit an unlawful act involving
force or violence.

     (e) A person who is attacked in any place where the person
is lawfully present shall not have a duty to retreat before
using reasonable defensive force pursuant to subsection (a) of
this section provided that he is not the initial aggressor and
is not engaged in illegal activity.

     (f) A person who uses reasonable defensive force as
defined by subsection (a) of this section shall not be
criminally prosecuted for that use of reasonable defensive
force.

     (g)   As used in this section:

          (i) "Habitation" means any structure which is
designed or adapted for overnight accommodation, including, but
not limited to, buildings, modular units, trailers, campers and
tents, but does not include the inmate housing area of a jail,
state penal institution or other secure facility under contract
with the department of corrections to house inmates;

          (ii) "Home" means any occupied residential dwelling
place other than the inmate housing area of a jail, state penal
institution or other secure facility under contract with the
department of corrections to house inmates;

          (iii) "Deadly force" means force that is intended or
likely to cause death or serious bodily injury.
Notes of Decisions
Cited in 10 cases (7 in the last 5 years), 2016–2026 · leading case: The State of Wyoming v. Jason Tsosie John
Sort: Relevance Newest Treatment
The State of Wyoming v. Jason Tsosie John (2020) wyo · cites it 69× “The district court dismissed the case under Wyo. Stat. Ann. § 6-2-602 (f), which the legislature had only recently added to the self-defense statutes.”
John Henry Knospler, Jr. v. State (2016) wyo · cites it 7× “However, he provides no authority interpreting the statutory definition of "habitation" to include vehicles, and no authority supporting his claim that a vehicle may be "adapted" for overnight accommodation simply by choosing to sleep in it.”
Cody Joseph Mccalla v. The State of Wyoming (2026) wyo · cites it 34× “” Wyo. Stat. Ann. § 6-2-602 . “This Court has long adhered to the common law rule that an initial aggressor, one who provokes a conflict, must withdraw from that conflict before he or she will be entitled to assert a claim of self-defense.”
Marty May Smith v. The State of Wyoming (2021) wyo · cites it 11× “Wyo. Stat. Ann. § 6-2-602 (LexisNexis 2019).”
John Gerald Howitt v. The State of Wyoming (2022) wyo · cites it 20× “2016) (citing Wyo. Stat. Ann. § 6-2-602 ). “Home” and “habitation” are defined as: (i) “Habitation” means any structure which is designed or adapted for overnight accommodation, including, but not limited to, buildings, modular units, trailers, campers and tents, but does not…”
Thompson v. State (2018) wyo “A threat under § 6-2-602(a)(iii) is “ ‘an expression of an intention to inflict pain, injury, or punishment.”
Adam Christopher Mackley v. The State of Wyoming (2021) wyo “Subsection (b) provides: (b) Any person who knowingly points a firearm at or in the direction of another, whether or not the person believes the firearm is loaded, is guilty of reckless endangering unless reasonably necessary in defense of his person, property or abode or to…”
Cody Joseph Mccalla v. The State of Wyoming (2026) wyo · cites it 34× “” Wyo. Stat. Ann. § 6-2-602 . “This Court has long adhered to the common law rule that an initial aggressor, one who provokes a conflict, must withdraw from that conflict before he or she will be entitled to assert a claim of self-defense.”
Paul Eugene Manders v. The State of Wyoming (2026) wyo · cites it 38× “Wyo. Stat. Ann. § 6-2-602 (b), (d). Mr. Manders also asserts the district court’s findings, “whether considered alone or in the aggregate,” fail to demonstrate Mr.”
Mark Coleman Helms, II v. The State of Wyoming (2026) wyo · cites it 36× “Helms was tasked with establishing a prima facie case that he was entitled to immunity under Wyoming Statute § 6-2-602. See John, 2020 WY 46, ¶ 40, 460 P.”
— Wyo. Stat. § 6-2-602(a) — 3 cases
John Gerald Howitt v. The State of Wyoming (2022) wyo “2016) (citing Wyo. Stat. Ann. § 6-2-602 ). “Home” and “habitation” are defined as: (i) “Habitation” means any structure which is designed or adapted for overnight accommodation, including, but not limited to, buildings, modular units, trailers, campers and tents, but does not…”
Mark Coleman Helms, II v. The State of Wyoming (2026) wyo “Helms was tasked with establishing a prima facie case that he was entitled to immunity under Wyoming Statute § 6-2-602. See John, 2020 WY 46, ¶ 40, 460 P.”
Paul Eugene Manders v. The State of Wyoming (2026) wyo “Wyo. Stat. Ann. § 6-2-602 (b), (d). Mr. Manders also asserts the district court’s findings, “whether considered alone or in the aggregate,” fail to demonstrate Mr.”
— Wyo. Stat. § 6-2-602(a)(iii) — 1 case
Thompson v. State (2018) wyo “A threat under § 6-2-602(a)(iii) is “ ‘an expression of an intention to inflict pain, injury, or punishment.”
— Wyo. Stat. § 6-2-602(b) — 3 cases
The State of Wyoming v. Jason Tsosie John (2020) wyo “The district court dismissed the case under Wyo. Stat. Ann. § 6-2-602 (f), which the legislature had only recently added to the self-defense statutes.”
John Gerald Howitt v. The State of Wyoming (2022) wyo “2016) (citing Wyo. Stat. Ann. § 6-2-602 ). “Home” and “habitation” are defined as: (i) “Habitation” means any structure which is designed or adapted for overnight accommodation, including, but not limited to, buildings, modular units, trailers, campers and tents, but does not…”
Paul Eugene Manders v. The State of Wyoming (2026) wyo “Wyo. Stat. Ann. § 6-2-602 (b), (d). Mr. Manders also asserts the district court’s findings, “whether considered alone or in the aggregate,” fail to demonstrate Mr.”
— Wyo. Stat. § 6-2-602(b)(ii) — 1 case
John Gerald Howitt v. The State of Wyoming (2022) wyo “2016) (citing Wyo. Stat. Ann. § 6-2-602 ). “Home” and “habitation” are defined as: (i) “Habitation” means any structure which is designed or adapted for overnight accommodation, including, but not limited to, buildings, modular units, trailers, campers and tents, but does not…”
— Wyo. Stat. § 6-2-602(d) — 1 case
Mark Coleman Helms, II v. The State of Wyoming (2026) wyo “Helms was tasked with establishing a prima facie case that he was entitled to immunity under Wyoming Statute § 6-2-602. See John, 2020 WY 46, ¶ 40, 460 P.”
— Wyo. Stat. § 6-2-602(e) — 4 cases
The State of Wyoming v. Jason Tsosie John (2020) wyo “The district court dismissed the case under Wyo. Stat. Ann. § 6-2-602 (f), which the legislature had only recently added to the self-defense statutes.”
Cody Joseph Mccalla v. The State of Wyoming (2026) wyo “” Wyo. Stat. Ann. § 6-2-602 . “This Court has long adhered to the common law rule that an initial aggressor, one who provokes a conflict, must withdraw from that conflict before he or she will be entitled to assert a claim of self-defense.”
Cody Joseph Mccalla v. The State of Wyoming (2026) wyo “” Wyo. Stat. Ann. § 6-2-602 . “This Court has long adhered to the common law rule that an initial aggressor, one who provokes a conflict, must withdraw from that conflict before he or she will be entitled to assert a claim of self-defense.”
Paul Eugene Manders v. The State of Wyoming (2026) wyo “Wyo. Stat. Ann. § 6-2-602 (b), (d). Mr. Manders also asserts the district court’s findings, “whether considered alone or in the aggregate,” fail to demonstrate Mr.”
— Wyo. Stat. § 6-2-602(f) — 6 cases
The State of Wyoming v. Jason Tsosie John (2020) wyo “The district court dismissed the case under Wyo. Stat. Ann. § 6-2-602 (f), which the legislature had only recently added to the self-defense statutes.”
Cody Joseph Mccalla v. The State of Wyoming (2026) wyo “” Wyo. Stat. Ann. § 6-2-602 . “This Court has long adhered to the common law rule that an initial aggressor, one who provokes a conflict, must withdraw from that conflict before he or she will be entitled to assert a claim of self-defense.”
Cody Joseph Mccalla v. The State of Wyoming (2026) wyo “” Wyo. Stat. Ann. § 6-2-602 . “This Court has long adhered to the common law rule that an initial aggressor, one who provokes a conflict, must withdraw from that conflict before he or she will be entitled to assert a claim of self-defense.”
John Gerald Howitt v. The State of Wyoming (2022) wyo “2016) (citing Wyo. Stat. Ann. § 6-2-602 ). “Home” and “habitation” are defined as: (i) “Habitation” means any structure which is designed or adapted for overnight accommodation, including, but not limited to, buildings, modular units, trailers, campers and tents, but does not…”
Paul Eugene Manders v. The State of Wyoming (2026) wyo “Wyo. Stat. Ann. § 6-2-602 (b), (d). Mr. Manders also asserts the district court’s findings, “whether considered alone or in the aggregate,” fail to demonstrate Mr.”
— Wyo. Stat. § 6-2-602(g) — 1 case
Paul Eugene Manders v. The State of Wyoming (2026) wyo “Wyo. Stat. Ann. § 6-2-602 (b), (d). Mr. Manders also asserts the district court’s findings, “whether considered alone or in the aggregate,” fail to demonstrate Mr.”
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.