Wyo. Stat. § 6-4-304

Voyeurism; penalties.

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(a) Except as otherwise provided in this section, a person
is guilty of 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, if he, without the consent of
the person being viewed, commits the crime of voyeurism by
looking or viewing in a clandestine, surreptitious, prying or
secretive nature into or within an area where the person being
viewed has a reasonable expectation of privacy, including, but
not limited to:

          (i)    Restrooms;

          (ii)    Baths;

          (iii)    Showers;

          (iv)    Dressing or fitting rooms;
          (v)   Bedrooms; or

          (vi) Under the clothing being worn by another person,
regardless of whether the person is in a place where the person
has a reasonable expectation of privacy.

     (b) Except as otherwise provided in this section, a person
is guilty of a felony punishable by imprisonment for not more
than five (5) years, a fine of not more than five thousand
dollars ($5,000.00), or both, if he:

          (i) Commits the offense specified in subsection (a)
of this section by knowingly or intentionally capturing an image
by means of a camera, a video camera or any other image
recording device; or

          (ii) Uses a camera, video camera or any other image
recording device:

               (A) For the purpose of observing, viewing,
photographing, filming, recording, livestreaming or videotaping
the intimate areas of another person;

                (B)   Under clothing being worn by the other
person; and

                (C)   Without the consent of the other person.

     (c) A minor convicted of violating subsection (b) of this
section shall be guilty of a status offense as defined in W.S.
7-1-107(b)(iii) and may be fined not more than two hundred fifty
dollars ($250.00).

     (d) A person who is eighteen (18) years of age or older
who commits an offense as specified in this section for which
the victim is less than eighteen (18) years of age shall be
guilty of a felony punishable by imprisonment of not more than
ten (10) years, a fine of not greater than five thousand dollars
($5,000.00), or both.

     (e) If a person sentenced under subsection (a) of this
section is placed on probation, the court may, notwithstanding
any other provision of law, impose a term of probation exceeding
the maximum imprisonment of six (6) months, provided the term of
probation, including extensions, shall not exceed one (1) year.
     (f) A person who is eighteen (18) years of age or older
who commits an offense as specified in subsection (a) or (b) of
this section who has previously been convicted as an adult of an
offense under subsection (a) or (b) of this section or of a
similar offense under the laws of another state shall be guilty
of a felony punishable by imprisonment of not greater than five
(5) years, a fine of not greater than five thousand dollars
($5,000.00), or both.

     (g) As used in this section, "intimate area" means any
portion of a person's pubic area, buttocks, vulva, genitals,
female breast or undergarments intended to cover those portions.
"Intimate area" does not include intimate areas visible through
a person's clothing or intimate areas knowingly exposed in
public.

Notes of Decisions

Cited in 12 cases (5 in the last 5 years), 1979–2026 · leading case: Shaun Thomas Kobielusz v. The State of Wyoming

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Shaun Thomas Kobielusz v. The State of Wyoming (2024) wyo · cites it 10× “Kobielusz with three counts of voyeurism in violation of Wyo. Stat. Ann. § 6-4-304 (b)(i) (2019). Count I charged Mr.”

Terry Earl Neidlinger, Sr. v. The State of Wyoming (2021) wyo · cites it 2× “Neidlinger’s cell phone, on July 26, 2018, the State charged him in case CR 8464 with two felony counts of voyeurism in violation of Wyo. Stat. Ann. § 6-4-304 (b)(i) for capturing images or video without Ms.”

Seeley v. State (1986) wyo · cites it 4× “al assault in the second degree, reads: "Any actor who inflicts sexual penetration or sexual intrusion on a victim commits sexual assault in the second degree if, under circumstances not constituting sexual assault in the first degree: * * * * * * "(ii) The actor causes…”

Sears v. State (1981) wyo · cites it 4× “THIRD DEGREE SEXUAL ASSAULT STATUTE Before examining the language of § 6-4-304, W.S. 1977, the third degree sexual assault statute alleged by appellant to be unconstitutionally vague, two aspects of the issue as it applies to the circumstances of this case must be kept in mind.”

Sanchez v. State (1979) wyo · cites it 2× “to a third-degree sexual assault, § 6-4-304, W.S.1977, and was sentenced to a term of not less than one year and eight months nor more than four years in the Wyoming State Penitentiary.”

LP v. Natrona County Department of Public Assistance & Social Services (1984) wyo ““Sexual contact” when committed by a parent against a child constitutes third-degree sexual assault under § 6-4-304, W.S.1977 (now recodified as § 6-2-304, W.”

Howard v. Aspen Way Enterprises, Inc. (2017) wyo · cites it 2× “§ 6-4-304 (a)' (LexisNexis 2017) (criminalizing the act of “looking in a clandestine, surreptitious, prying or secretive nature into an enclosed area where the person being viewed has a reasonable expectation of privacy”); Wyo. Stat. Ann. 6-6-103(b)(i) (LexisNexis 2017)…”

Charles A. Santistevan v. The State of Wyoming (2024) wyo “while she was unconscious, and one count of voyeurism in violation of Wyoming Statute § 6-4-304(b)(i) (LexisNexis 2016) for the shower videos of R.”

State, Office of the Attorney General, Division of Criminal Investigation v. Thomason (2008) wyo “6-2-315(a)iv), 6-2-3l16(a)Gii) and (iv), 6-4-303(b)(iv) or W.S. 6-4-304(b) if the victim was a minor, or an aitempt or conspiracy to commit any of the offenses specified in this subsection, the division shall annually verify the accuracy of the offender's registered address, and…”

Rabuck v. State (2006) wyo · cites it 4× “[4] The legislature adopted Wyo. Stat. Ann. § 6-4-304 , effective July 1, 2005.”

Gary Edward Dean v. The State of Wyoming (2025) wyo · cites it 2× “Wyo. Stat. Ann. § 6-4-304 (a) and (d). For this count, the district court imposed a 4 to 5-year sentence of incarceration and ordered restitution in the amount of $1,495.”

United States v. Watkins (2026) ca10 “This court has missed its opportunity to correct a significant and unwarranted erosion of Fourth Amendment protections.”

— Wyo. Stat. § 6-4-304(b) — 1 case

— Wyo. Stat. § 6-4-304(b)(i) — 2 cases

Shaun Thomas Kobielusz v. The State of Wyoming (2024) wyo “Kobielusz with three counts of voyeurism in violation of Wyo. Stat. Ann. § 6-4-304 (b)(i) (2019). Count I charged Mr.”

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