Wyoming Statutes

Wyo. Stat. § 6-3-301 (2026)

Burglary; aggravated burglary; penalties.

✓ current as of May 2026

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(a) A person is guilty of burglary if, without authority,
he enters or remains in a building, occupied structure or
vehicle, or separately secured or occupied portion thereof, with
intent to commit theft or a felony therein.

     (b) Except as provided in subsection (c) of this section,
burglary is a felony punishable by imprisonment for not more
than ten (10) years, a fine of not more than ten thousand
dollars ($10,000.00), or both.

     (c) Aggravated burglary is a felony punishable by
imprisonment for not less than five (5) years nor more than
twenty-five (25) years, a fine of not more than fifty thousand
dollars ($50,000.00), or both, if, in the course of committing
the crime of burglary, the person:

          (i) Is or becomes armed with or uses a deadly weapon
or a simulated deadly weapon;

          (ii)    Knowingly or recklessly inflicts bodily injury
on anyone; or
          (iii)    Attempts to inflict bodily injury on anyone.

     (d) As used in this section "in the course of committing
the crime" includes the time during which an attempt to commit
the crime or in which flight after the attempt or commission
occurred.

Notes of Decisions

Cited in 125 cases (9 in the last 5 years), 1983–2025 · leading case: Collins v. State, 854 P.2d 688 (Wyo. 1993).

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Collins v. State, 854 P.2d 688 (Wyo. 1993). · cites it 20× “He was charged with, and convicted by a jury of, burglary in violation of Wyo.Stat. § 6-3-301(a) (1988). [2] Upon conviction, Collins was sentenced to a term of not less than eighteen, nor more than thirty-six, months in the state penitentiary.”

Lauthern v. State, 769 P.2d 350 (Wyo. 1989). · cites it 23× “Appellant was charged with aggravated burglary pursuant to Wyo. Stat. § 6-3-301(a) and (c)(ii) (1977), which encompasses one of the three aggravating factors in subsection (c) of the statute.”

Dharminder Vir Sen v. State, 2017 WY 30 (Wyo. 2017). · cites it 12× “§§ 6-1-303 (a) and 6-3-301(a) and (c)(i), and aggravated burglary, in violation of Wyo. Stat. Ann. § 6-3-301 (a) and (c)(i).”

Roose v. State, 753 P.2d 574 (Wyo. 1988). · cites it 14× “On June 21, 1984, a complaint was filed in the Justice Court of Teton County charging appellant with burglary in violation of § 6-3-301(a), W.S. 1977, [1] and appellant was *576 assigned the services of a state public defender.”

Tanner v. State, 2002 WY 170 (Wyo. 2002). · cites it 6× “Whether the trial court erred when it denied Tanner’s request for a jury instruction on petit larceny as a lesser-included offense of burglary? FACTS [¶ 3] Tanner was convicted of one count of burglary in violation of Wyo. Stat. Ann. § 6-3-301 (a) (LexisNexis 2001) following a…”

United States v. Snyder, 871 F.3d 1122 (10th Cir. 2017). · cites it 2× “And the PSR in Snyder’s case actually did just that, without any objection from Snyder.”

Duffy v. State, 789 P.2d 821 (Wyo. 1990). · cites it 8× “6-2-401 and aggravated burglary, W.S. 6-3-301, comprise the only sentences reaching the twenty-five year maximum.”

Moore v. State, 2003 WY 153 (Wyo. 2003). · cites it 6× “[¶ 14] Wyo. Stat. Ann. § 6-3-301 (Lexis-Nexis) provides that "[a] person is guilty of burglary if, without authority, he enters or remains in a building, occupied structure or vehicle, or separately secured or occupied portion thereof, with intent to commit larceny or a felony…”

Bush v. State, 908 P.2d 963 (Wyo. 1995). · cites it 8× “The information charging Bush with burglary provided, in pertinent part: [Bush did unlawfully] and without authority, enter * * * [Schantz's apartment] * * * with the intent to commit larceny or a felony therein * * *. Jury Instruction No. 10 stated, in pertinent part: YOU ARE…”

United States v. Michael Herrold, 883 F.3d 517 (5th Cir. 2018). · cites it 2× “020 (1986); Wyo. Stat. Ann. § 6-3-301 (1985) ); see also 11 Del.”

May v. State, 2003 WY 14 (Wyo. 2003). · cites it 6× “[¶ 12] May was convicted of aggravated burglary under Wyo. Stat. Ann. § 6-3-301 (LexisNexis 2001).”

United States v. Gonzales, 558 F.3d 1193 (10th Cir. 2009). · cites it 7× “Significantly, although we have previously determined that Wyo. Stat. § 6-3-301 (a) is generic aside from its inclusion of vehicles, 4 Barney, 955 F.”

Show all 125 citing cases →

— Wyo. Stat. § 6-3-301(a) — 55 cases

Collins v. State, 854 P.2d 688 (Wyo. 1993). “He was charged with, and convicted by a jury of, burglary in violation of Wyo.Stat. § 6-3-301(a) (1988). [2] Upon conviction, Collins was sentenced to a term of not less than eighteen, nor more than thirty-six, months in the state penitentiary.”

United States v. Snyder, 871 F.3d 1122 (10th Cir. 2017). “And the PSR in Snyder’s case actually did just that, without any objection from Snyder.”

Lauthern v. State, 769 P.2d 350 (Wyo. 1989). “Appellant was charged with aggravated burglary pursuant to Wyo. Stat. § 6-3-301(a) and (c)(ii) (1977), which encompasses one of the three aggravating factors in subsection (c) of the statute.”

Wilson v. State, 874 P.2d 215 (Wyo. 1994).

Jennings v. State, 806 P.2d 1299 (Wyo. 1991).

— Wyo. Stat. § 6-3-301(a)(b) — 2 cases

Hall v. State, 911 P.2d 1364 (Wyo. 1996).

Hall v. State of Wyoming, 911 P.2d 1362 (Wyo. 1996).

— Wyo. Stat. § 6-3-301(a)(c)(i) — 1 case

Britt v. State, 734 P.2d 980 (Wyo. 1987).

— Wyo. Stat. § 6-3-301(a)(e) — 1 case

May v. State, 2003 WY 14 (Wyo. 2003). “[¶ 12] May was convicted of aggravated burglary under Wyo. Stat. Ann. § 6-3-301 (LexisNexis 2001).”

— Wyo. Stat. § 6-3-301(b) — 6 cases

Roose v. State, 753 P.2d 574 (Wyo. 1988). “On June 21, 1984, a complaint was filed in the Justice Court of Teton County charging appellant with burglary in violation of § 6-3-301(a), W.S. 1977, [1] and appellant was *576 assigned the services of a state public defender.”

Brandon Frederick Wiese v. State, 2016 WY 72 (Wyo. 2016).

Wayt v. State, 912 P.2d 1106 (Wyo. 1996).

Wright v. State, 703 P.2d 1102 (Wyo. 1985).

Longstreth v. State, 832 P.2d 560 (Wyo. 1992).

— Wyo. Stat. § 6-3-301(c) — 6 cases

Moore v. State, 2003 WY 153 (Wyo. 2003). “[¶ 14] Wyo. Stat. Ann. § 6-3-301 (Lexis-Nexis) provides that "[a] person is guilty of burglary if, without authority, he enters or remains in a building, occupied structure or vehicle, or separately secured or occupied portion thereof, with intent to commit larceny or a felony…”

State v. Noriega, 690 P.2d 775 (Ariz. 1984).

Wilkening v. State, 922 P.2d 1381 (Wyo. 1996).

Simonds v. State, 762 P.2d 1189 (Wyo. 1988).

— Wyo. Stat. § 6-3-301(c)(i) — 5 cases

Sutherland v. State, 944 P.2d 1157 (Wyo. 1997).

Smith v. State, 871 P.2d 186 (Wyo. 1994).

Britt v. State, 734 P.2d 980 (Wyo. 1987).

Rands v. State, 818 P.2d 44 (Wyo. 1991).

— Wyo. Stat. § 6-3-301(c)(ii) — 1 case

— Wyo. Stat. § 6-3-301(c)(iii) — 1 case

— Wyo. Stat. § 6-3-301(d) — 1 case

Simonds v. State, 762 P.2d 1189 (Wyo. 1988).

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.