Wyoming Statutes

Wyo. Stat. § 6-3-302 (2026)

Criminal entry; penalties; affirmative defenses.

✓ current as of May 2026

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(a) A person is guilty of criminal entry if, without
authority, he knowingly enters a building, occupied structure,
vehicle or cargo portion of a truck or trailer, or a separately
secured or occupied portion of those enclosures.

     (b) It is an affirmative defense to prosecution under this
section that:

          (i) The entry was made because of a mistake of fact
or to preserve life or property in an emergency;

          (ii)    The enclosure was abandoned;

          (iii) The enclosure was at the time open to the
public and the person complied with all lawful conditions
imposed on access to or remaining in the enclosure; or

          (iv) The person reasonably believed that the owner of
the enclosure, or other person empowered to license access to
the enclosure, would have authorized him to enter.

     (c) Criminal entry 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 15 cases (1 in the last 5 years), 1987–2023 · leading case: Snow v. State, 2009 WY 117 (Wyo. 2009).

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Snow v. State, 2009 WY 117 (Wyo. 2009). · cites it 4× “[9] Wyo. Stat. Ann. § 6-3-302 (a) (LexisNexis 2009) provides as follows: (a) A person is guilty of criminal entry if, without authority, he knowingly enters a building, occupied structure, vehicle or cargo portion of a truck or trailer, or a separately secured or occupied…”

WJH v. State, 2001 WY 54 (Wyo. 2001). · cites it 4× “§ 6-3-201 (a) and (b)(i) (LEXIS 1999), [1] damaged a fire extinguisher owned by City Electric, discharging and depleting its contents which required the extinguisher to be serviced; (2) during the same time frame, in frame, in violation of Wyo. Stat. Ann. § 6-3-302 (LEXIS 1999),…”

Collins v. State, 854 P.2d 688 (Wyo. 1993). · cites it 4× “Wyo.Stat. § 6-3-302 (1988) provides, in pertinent part: (a) A person is guilty of criminal entry if, without authority, he knowingly enters a building, occupied structure, vehicle or cargo portion of a truck or trailer, or a separately secured or occupied portion of those…”

In the Interest of KP v. State, 2004 WY 165 (Wyo. 2004). · cites it 3× “The juvenile court found that the State did not prove the burglary claim but did prove the lesser-included offense of erim-inal entry in violation of Wyo. Stat. Ann. § 6-3-302 . *221 3 The juvenile court appointed a Multidisciplinary Team (MDT) in its adjudicatory order.”

Andrews v. State, 2002 WY 28 (Wyo. 2002). · cites it 2× “Criminal entry is prohibited by Wyo. Stat. Ann. § 6-3-302 (LexisNexis 2001), which states in relevant part: (a) A person is guilty of criminal entry if, without authority, he knowingly enters a building, occupied structure, vehicle or cargo portion of a truck or trailer, or a…”

Dean v. State, 2003 WY 128 (Wyo. 2003). · cites it 2× “Criminal entry, as found in Wyo. Stat. Ann. § 6-3-302 (a) (June 1983 Repl.”

Duffy v. State, 789 P.2d 821 (Wyo. 1990). · cites it 2× “6-2-401, larceny with force or injury as aggravated robbery as compared with larceny with force or injury while involved in the burglary, W.S. 6-3-302. In each case, we have the same elements, force or injury, the connective offense and statutory punishment provided not less…”

Keller v. State, 771 P.2d 379 (Wyo. 1989). · cites it 2× “), provided: “(a) A person is guilty of criminal entry if, without authority, he knowingly enters a building, occupied structure, vehicle or cargo portion of a truck or trailer, or a separately secured or occupied portion of those enclosures.”

Eatherton v. State, 761 P.2d 91 (Wyo. 1988). · cites it 2× “W.S. 6-3-302 (June 1983 Repl.) 4 . Criminal entry is a lesser-included offense of burglary because the state cannot prove burglary unless it convinces the jury beyond a reasonable doubt that the defendant made a criminal entry with the specific intent to commit larceny or a…”

Brandon Frederick Wiese v. State, 2016 WY 72 (Wyo. 2016). · cites it 2× “§ 6-3-302(a) (LexisNexis 2013) provides as follows: (a) A person is guilty of criminal entry if, without authority, he knowingly enters a building, occupied structure, vehicle or cargo portion of a truck or trailer, or a separately secured or occupied portion of those enclosures.”

Brock v. State, 967 P.2d 26 (Wyo. 1998). · cites it 2× “1996) and one count of criminal entry in violation of Wyo. Stat. § 6-3-302(a) (1997), appellant’s sentence included an order of restitution in the amount of $500.”

Young v. State, 2005 WY 136 (Wyo. 2005). · cites it 2× “Stevenson’s home, in violation of Wyo. Stat. Ann. § 6-3-302 (Lex-isNexis 2005).”

Show all 15 citing cases →

— Wyo. Stat. § 6-3-302(a) — 4 cases

Keller v. State, 771 P.2d 379 (Wyo. 1989). “), provided: “(a) A person is guilty of criminal entry if, without authority, he knowingly enters a building, occupied structure, vehicle or cargo portion of a truck or trailer, or a separately secured or occupied portion of those enclosures.”

Brock v. State, 967 P.2d 26 (Wyo. 1998). “1996) and one count of criminal entry in violation of Wyo. Stat. § 6-3-302(a) (1997), appellant’s sentence included an order of restitution in the amount of $500.”

Eatherton v. State, 761 P.2d 91 (Wyo. 1988). “W.S. 6-3-302 (June 1983 Repl.) 4 . Criminal entry is a lesser-included offense of burglary because the state cannot prove burglary unless it convinces the jury beyond a reasonable doubt that the defendant made a criminal entry with the specific intent to commit larceny or a…”

Brandon Frederick Wiese v. State, 2016 WY 72 (Wyo. 2016). “§ 6-3-302(a) (LexisNexis 2013) provides as follows: (a) A person is guilty of criminal entry if, without authority, he knowingly enters a building, occupied structure, vehicle or cargo portion of a truck or trailer, or a separately secured or occupied portion of those enclosures.”

— Wyo. Stat. § 6-3-302(c) — 1 case

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