Wyoming Statutes

Wyo. Stat. § 6-3-402 (2026)

Theft; penalties.

✓ current as of May 2026

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(a) A person is guilty of theft if he knowingly takes,
obtains, procures, retains or exercises control over or makes an
unauthorized transfer of an interest in the property of another
person without authorization or by threat or by deception, or he
receives, loans money by pawn or pledge on or disposes of the
property of another person that he knew or reasonably should
have known was stolen, and he:
          (i) Intends to deprive the other person of the use or
benefit of the property;

          (ii) Knowingly uses, receives, conceals, abandons or
disposes of the property in such manner as to deprive the other
person of its use or benefit; or

          (iii) Demands anything of value to which he has no
legal claim as a condition for returning or otherwise restoring
the property to the other person.

     (b)   Repealed By Laws 2013, Ch. 191, § 3.

     (c) Except as provided in subsections (g) and (j) of this
section, theft is:

          (i) 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, if the value of the property is
one thousand dollars ($1,000.00) or more or if the property is a
firearm, horse, mule, sheep, cattle, buffalo or swine regardless
of value; or

           (ii)   Repealed by Laws 1984, ch. 44, § 3.

          (iii) A misdemeanor punishable by imprisonment for
not more than one (1) year, a fine of not more than one thousand
five hundred dollars ($1,500.00), or both, if the value of the
property is less than one thousand dollars ($1,000.00).

     (d)   Repealed By Laws 2013, Ch. 191, § 3.

     (e)   Repealed By Laws 2013, Ch. 191, § 3.

     (f)   Repealed By Laws 2013, Ch. 191, § 3.

     (g) In addition to the penalties provided in subsection
(c) of this section, any person convicted of a second or
subsequent offense for theft of motor vehicle fuel offered for
retail sale shall have his driver's license suspended pursuant
to W.S. 31-7-128(n). The court shall forward to the department
of transportation a copy of the record pertaining to disposition
of the arrest or citation.

     (h) The amount of property involved in violations of this
section committed pursuant to a common scheme or the same
transaction, whether the property is taken from the same person
or different persons, may be aggregated in determining the value
of the property.

     (j) Any person convicted of a third or subsequent offense
for theft, shoplifting, larceny, wrongful taking of property,
wrongful disposal of property or livestock rustling, any other
theft offense under this section, any theft offense under a
municipal ordinance or any theft offense pursuant to a
substantially similar law of another jurisdiction separately
brought and tried shall be guilty of 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.

Notes of Decisions

Cited in 131 cases (14 in the last 5 years), 1984–2026 · leading case: Jones v. State, 2011 WY 114 (Wyo. 2011).

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Jones v. State, 2011 WY 114 (Wyo. 2011). · cites it 52× “[¶ 1] Appellant, Ronald Kirby Jones, appeals his conviction of felony larceny in violation of Wyo. Stat. Ann. § 6-3-402 (a). He challenges the district court's subject matter jurisdiction and contends that the district court erred in instructing the jury as to the elements of…”

Howard v. State, 762 P.2d 28 (Wyo. 1988). · cites it 28× “There might not be a problem in convicting Howard of both W.S. 6-3-402 and 6-5-111, if separate evidence was used as proof of each violation.”

Guerrero v. State, 2012 WY 77 (Wyo. 2012). · cites it 16× “Appellant proposed that the jury be required to find that he took and carried, led or drove away" property of another with intent to deprive, echoing the language of Wyo. Stat. Ann. § 6-3-402 (a). The State submitted a proposed instruction requiring the jury to find that…”

Roose v. State, 759 P.2d 478 (Wyo. 1988). · cites it 10× “1977, and one count of larceny in violation of § 6-3-402(a) and (c)(i), W.S. 1977. We affirm.”

Angela Natalie Fox A/K/A Angela Natalie Jarvis v. The State of Wyoming, 2020 WY 88 (Wyo. 2020). · cites it 24× “Fox committed three separate counts of theft in violation of Wyo. Stat. Ann. § 6-3-402 (a). Each count stemmed from Ms.”

Richard Carl Bohling v. State, 2017 WY 7 (Wyo. 2017). · cites it 7× “8 If only possession passes, the crime is larceny if all the elements can be proven under Wyo. Stat. Ann. § 6-3-402 . [¶30] Secondary sources also support this unavoidable conclusion.”

Barker v. State, 2006 WY 104 (Wyo. 2006). · cites it 5× “Barker was charged with one count of larceny by bailee, in violation of Wyo. Stat. Ann. § 6-3-402 (b) (LexisNexis 2001), 2 and one count of concealing stolen property, in violation of Wyo.”

Dawes v. State, 2010 WY 113 (Wyo. 2010). · cites it 6× “Given that the evidence established that the conversion actually took place in Wyoming, neither § 6-3-402 nor common law jurisdictional concepts required that the State prove where Mr.”

Willis v. State, 2002 WY 79 (Wyo. 2002). · cites it 6× “[11] Franklin Willis was convicted of felony larceny by a bailee under Wyo. Stat. Ann. § 6-3-402 (b) (LexisNexis 2001) for selling three horses which were entrusted to his care.”

Prime v. State, 767 P.2d 149 (Wyo. 1989). · cites it 6× “), provides, in pertinent part: "(a) A person is guilty of robbery if in the course of committing a crime defined by W.S. 6-3-402 he: "(i) Inflicts bodily injury upon another; or "(ii) Threatens another with or intentionally puts him in fear of immediate bodily injury.”

Mendicoa v. State, 771 P.2d 1240 (Wyo. 1989). · cites it 7× “Livestock rustling is specifically proscribed in the Wyoming larceny statute, Wyo.Stat. § 6-3-402 (1977), which provides in material part: (a) A person who steals, takes and carries, leads or drives away property of another with intent to deprive the owner or lawful possessor is…”

Price v. State, 807 P.2d 909 (Wyo. 1991). · cites it 6× “Section 6-2-401(a) provides: (a) A person is guilty of robbery if in the course of committing a crime defined by W.S. 6-3-402 he: (i) Inflicts bodily injury upon another; or (ii) Threatens another with or intentionally puts him in fear of immediate bodily injury.”

Show all 131 citing cases →

— Wyo. Stat. § 6-3-402(a) — 36 cases

Roose v. State, 759 P.2d 478 (Wyo. 1988). “1977, and one count of larceny in violation of § 6-3-402(a) and (c)(i), W.S. 1977. We affirm.”

Price v. State, 807 P.2d 909 (Wyo. 1991). “Section 6-2-401(a) provides: (a) A person is guilty of robbery if in the course of committing a crime defined by W.S. 6-3-402 he: (i) Inflicts bodily injury upon another; or (ii) Threatens another with or intentionally puts him in fear of immediate bodily injury.”

Morgan v. State, 708 P.2d 1244 (Wyo. 1985).

Jones v. State, 2011 WY 114 (Wyo. 2011). “[¶ 1] Appellant, Ronald Kirby Jones, appeals his conviction of felony larceny in violation of Wyo. Stat. Ann. § 6-3-402 (a). He challenges the district court's subject matter jurisdiction and contends that the district court erred in instructing the jury as to the elements of…”

Simms v. Oedekoven, 839 P.2d 381 (Wyo. 1992).

— Wyo. Stat. § 6-3-402(a)(c)(i) — 2 cases

Morgan v. State, 708 P.2d 1244 (Wyo. 1985).

Drury v. State, 2008 WY 130 (Wyo. 2008).

— Wyo. Stat. § 6-3-402(a)(c)(iii) — 1 case

In Interest of LDO, 858 P.2d 553 (Wyo. 1993).

— Wyo. Stat. § 6-3-402(a)(i) — 2 cases

Michael Isreal Robin, Sr. v. The State of Wyoming, 2025 WY 78 (Wyo. 2025).

Blake J. Brewer v. The State of Wyoming, 2025 WY 123 (Wyo. 2025).

— Wyo. Stat. § 6-3-402(a)(i)(c)(i) — 1 case

Michael Isreal Robin, Sr. v. The State of Wyoming, 2025 WY 78 (Wyo. 2025).

— Wyo. Stat. § 6-3-402(b) — 10 cases

Howard v. State, 762 P.2d 28 (Wyo. 1988). “There might not be a problem in convicting Howard of both W.S. 6-3-402 and 6-5-111, if separate evidence was used as proof of each violation.”

Dawes v. State, 2010 WY 113 (Wyo. 2010). “Given that the evidence established that the conversion actually took place in Wyoming, neither § 6-3-402 nor common law jurisdictional concepts required that the State prove where Mr.”

Kahlsdorf v. State, 823 P.2d 1184 (Wyo. 1991).

Seaton v. State, 811 P.2d 276 (Wyo. 1991).

— Wyo. Stat. § 6-3-402(c) — 3 cases

Mendicoa v. State, 771 P.2d 1240 (Wyo. 1989). “Livestock rustling is specifically proscribed in the Wyoming larceny statute, Wyo.Stat. § 6-3-402 (1977), which provides in material part: (a) A person who steals, takes and carries, leads or drives away property of another with intent to deprive the owner or lawful possessor is…”

Brown v. State, 2002 WY 61 (Wyo. 2002).

Burkhardt v. State, 2005 WY 96 (Wyo. 2005).

— Wyo. Stat. § 6-3-402(c)(f) — 1 case

McFarlane v. State, 2001 WY 10 (Wyo. 2001).

— Wyo. Stat. § 6-3-402(c)(i) — 4 cases

Roose v. State, 759 P.2d 478 (Wyo. 1988). “1977, and one count of larceny in violation of § 6-3-402(a) and (c)(i), W.S. 1977. We affirm.”

Wetherelt v. State, 864 P.2d 449 (Wyo. 1993).

Seaton v. State, 811 P.2d 276 (Wyo. 1991).

Lightly v. State, 739 P.2d 1232 (Wyo. 1987).

— Wyo. Stat. § 6-3-402(c)(ii) — 1 case

United States v. Maher, 724 F. Supp. 1348 (D. Wyo. 1989).

— Wyo. Stat. § 6-3-402(c)(iii) — 1 case

Goodwine v. State, 764 P.2d 680 (Wyo. 1988).

— Wyo. Stat. § 6-3-402(d) — 2 cases

Howard v. State, 762 P.2d 28 (Wyo. 1988). “There might not be a problem in convicting Howard of both W.S. 6-3-402 and 6-5-111, if separate evidence was used as proof of each violation.”

Lahr v. State, 840 P.2d 930 (Wyo. 1992).

— Wyo. Stat. § 6-3-402(e) — 1 case

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