Wyo. Stat. » Wyo. Stat. / Title 06 - Crimes and Offenses / Chapter 3 - OFFENSES AGAINST PROPERTY / Article 1 - ARSON AND RELATED OFFENSES
Wyoming Statutes

Wyo. Stat. § 6-3-101 (2026)

Arson; first degree; aggravated arson; penalties.

✓ current as of May 2026
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(a) A person is guilty of first-degree arson if he
maliciously starts a fire or causes an explosion with intent to
destroy or damage an occupied structure.

     (b)   First-degree arson is a felony punishable by:

           (i)    Imprisonment for not more than twenty (20) years;

          (ii) A fine of not more than the greater of twenty
thousand dollars ($20,000.00) or two (2) times the face amount
of the insurance if the fire was started to cause collection of
insurance for the loss; or

           (iii)    Both fine and imprisonment.

     (c) A person is guilty of aggravated arson if he
maliciously starts a fire or causes an explosion with intent to
destroy an occupied structure, under circumstances evidencing
reckless disregard for human life, and serious bodily injury or
death occurs to another person, either at the scene or while in
emergency response to the incident.

     (d)   Aggravated arson is a felony punishable by:

           (i)    Imprisonment for not more than thirty (30) years;

          (ii) A fine of not more than the greater of twenty
thousand dollars ($20,000.00) or two (2) times the face amount
of the insurance if the fire was started to cause collection of
insurance for the loss; or

           (iii)    Both fine and imprisonment.
Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1983–2022 · leading case: Keats v. State, 2003 WY 19 (Wyo. 2003).
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Keats v. State, 2003 WY 19 (Wyo. 2003). · cites it 12× “[¶ 1] In July 2001, a Campbell County jury convicted appellant, Wade Travis Keats, of first-degree arson in violation of Wyo. Stat. Ann. § 6-3-101 (LexisNexis 2001).”
Barnes v. State, 858 P.2d 522 (Wyo. 1993). · cites it 9× “6-2-104 (1988) [1] and first degree arson for violation of W.S. 6-3-101 (1988). [2] Appellant received consecutive sentences of 30 to 50 years and five to seven years to be served in the state prison.”
Van Dean v. State, 668 P.2d 639 (Wyo. 1983). · cites it 6× “Examples of such crimes include first-degree arson, which now requires proof of "intent to destroy or damage an occupied structure," § 6-3-101(a), W.S. 1977, and burglary, which requires "intent to commit larceny or a felony," § 6-3-301(a), W.”
Dickeson v. State, 843 P.2d 606 (Wyo. 1992). · cites it 4× “Was there sufficient evidence to support the verdict? Dickeson was found guilty by a jury of a charge of arson in the first degree in violation of Wyo.Stat. § 6-3-101 (1988). 1 Dicke-son then was sentenced to a term of not less than four, nor more than six, years to be served in…”
Richard Cameron Wilkerson, 2014 WY 136 (Wyo. 2014). · cites it 2× “Notably, this alternative definition of malice, which was not mentioned in Crozier, was adopted from a case addressing the malice requirement contained in Wyo. Stat. Ann. § 6-3-101 , Wyoming's first-degree arson statute.”
Sebastian Michael Esquibel v. The State of Wyoming, 2022 WY 89 (Wyo. 2022). · cites it 6× “Esquibel with first-degree arson in violation of Wyo. Stat. Ann. § 6-3-101 (a) (LexisNexis 2021) for the February 12, 2020, front window incident (Count 1) and attempted first-degree arson in violation of Wyo.”
Todd Lee Harnden v. State, 2016 WY 92 (Wyo. 2016). · cites it 2× “" Wyo. Stat. Ann. § 6-3-101 (a) (LexisNexis 2015).”
Strickland v. State, 2004 WY 91 (Wyo. 2004). · cites it 2× “00) or two (2) times the face amount of insurance if the fire was started to cause collection of insurance for the loss.” We must, of course, evaluate these statutes as a whole, and we agree with the State that section would only affect punishment.”
Sybert v. State, 724 P.2d 463 (Wyo. 1986). · cites it 3× “Appellant Steven Sybert was convicted of first degree arson in violation of § 6-3-101, W.S.1977. 1 He raises three issues on appeal, all of which involve limiting instructions relating to prior inconsistent statements of a witness.”
Commonwealth v. Pfeiffer, 121 N.E.3d 1130 (Mass. 2019). “2003), quoting Wyo. Stat. Ann. § 6-3-101 (a). There, the court held that the statute "can be categorized as a 'specific intent' crime.”
United States v. Mitchell, 218 F. Supp. 3d 360 (M.D. Penn. 2016). · cites it 2× “02; Wyo. Stat. Ann. §§ 6-3-101 to -104. . See Ala.”
Aden v. State, 717 P.2d 326 (Wyo. 1986). “” First degree arson now is limited to starting a fire or causing an explosion in an occupied structure and is defined in § 6-3-101, W.S.1977 (June 1983 Rev.).”
Show all 17 citing cases →
— Wyo. Stat. § 6-3-101(a) — 4 cases
Van Dean v. State, 668 P.2d 639 (Wyo. 1983). “Examples of such crimes include first-degree arson, which now requires proof of "intent to destroy or damage an occupied structure," § 6-3-101(a), W.S. 1977, and burglary, which requires "intent to commit larceny or a felony," § 6-3-301(a), W.”
Barnes v. State, 858 P.2d 522 (Wyo. 1993). “6-2-104 (1988) [1] and first degree arson for violation of W.S. 6-3-101 (1988). [2] Appellant received consecutive sentences of 30 to 50 years and five to seven years to be served in the state prison.”
Sybert v. State, 724 P.2d 463 (Wyo. 1986). “Appellant Steven Sybert was convicted of first degree arson in violation of § 6-3-101, W.S.1977. 1 He raises three issues on appeal, all of which involve limiting instructions relating to prior inconsistent statements of a witness.”
Sebastian Michael Esquibel v. The State of Wyoming, 2022 WY 89 (Wyo. 2022). “Esquibel with first-degree arson in violation of Wyo. Stat. Ann. § 6-3-101 (a) (LexisNexis 2021) for the February 12, 2020, front window incident (Count 1) and attempted first-degree arson in violation of Wyo.”
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