Wyo. Stat. » Wyo. Stat. / Title 06 - Crimes and Offenses / Chapter 4 - OFFENSES AGAINST MORALS, DECENCY AND FAMILY / Article 4 - OFFENSES AGAINST THE FAMILY
Wyoming Statutes

Wyo. Stat. § 6-4-402 (2026)

Incest; penalties; disclosure or publication of

✓ current as of May 2026
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identifying information; "minor victim".

     (a) A person is guilty of incest if he knowingly commits
sexual intrusion, as defined by W.S. 6-2-301(a)(vii), or sexual
contact, as defined by W.S. 6-2-301(a)(vi), with an ancestor or
descendant or a brother or sister of the whole or half blood.
The relationships referred to herein include relationships of:

          (i)   Parent and child by adoption;

          (ii) Blood relationships without regard to
legitimacy; and

          (iii)   Stepparent and stepchild.

     (b) Incest is a felony punishable by imprisonment for not
more than fifteen (15) years, a fine of not more than ten
thousand dollars ($10,000.00), or both.

     (c) Prior to the filing of an information or indictment
charging a violation under this section, neither the name of the
person accused or the victim nor any other information
reasonably likely to disclose their identity shall be released
or negligently allowed to be released to the public by any
public employee, except as authorized by the judge with
jurisdiction over the criminal charges. The name of the person
accused may be released to the public to aid or facilitate an
arrest.

     (d) After the filing of an information or indictment and
absent a request to release the identity of a minor victim by
the victim or another acting on behalf of a minor victim, the
trial court shall restrict the disclosure or publication of
information reasonably likely to identify the minor victim.

     (e) Any person who willfully violates subsection (c) or
(d) of this section or who willfully neglects or refuses to obey
any court order made pursuant thereto is guilty of contempt and,
upon conviction, shall be fined not more than seven hundred
fifty dollars ($750.00) or be imprisoned in the county jail not
more than ninety (90) days, or both.
     (f) A release of a name or other information to the public
in violation of the proscriptions of subsection (c) or (d) of
this section shall not stand as a bar to the prosecution of a
defendant nor be grounds for dismissal of any charges against a
defendant.

     (g) As used in this section, "minor victim" means a person
under the age of eighteen (18) years.
Notes of Decisions
Cited in 48 cases (2 in the last 5 years), 1978–2026 · leading case: Douglas Howard Craft v. The State of Wyoming, 2013 WY 41 (Wyo. 2013).
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Douglas Howard Craft v. The State of Wyoming, 2013 WY 41 (Wyo. 2013). · cites it 6× “] Wyo. Stat. Ann. § 6-4-402 (LexisNexis 2011) defines the crime of incest and states that it may be committed by sexual intrusion or contact with a "descendent.”
Daniel Ray Bowlsby v. The State of Wyoming, 2013 WY 72 (Wyo. 2013). · cites it 9× “§ 6-2-814 (a)(ii) (LexisNexis 2007), and one count of incest in violation of Wyo. Stat. Ann. § 6-4-402 (a)Giii). The prosecution agreed to dismiss the remaining charges.”
Najera v. State, 2009 WY 105 (Wyo. 2009). · cites it 8× “The remaining six convictions (counts VII through XII) are for felony incest in violation of Wyo. Stat. Ann. § 6-4-402 (a). [2] Appellant does not challenge his convictions on those counts.”
Osborn v. State, 672 P.2d 777 (Wyo. 1983). · cites it 6× “1981 1 , aggravated robbery in violation of § 6-4-402, W.S. 1977 2 , and while in perpetration of an aggravated robbery killing of another human being, Jimmy Ray O’Briant, in violation of § 6-4-101, W.”
Engberg v. State, 686 P.2d 541 (Wyo. 1984). · cites it 6× “In Count III the appellant was charged with the armed robbery of Kay Otto in violation of § 6-4-402, W.S. 1977. [2] A criminal warrant was issued based upon the complaint, and it was executed on March 3, 1982.”
Cook v. State, 631 P.2d 5 (Wyo. 1981). · cites it 6× “COURSE OF PROCEEDING Appellant Cook was charged with aggravated robbery in violation of § 6-4-402, W.S. 1977, [1] on February 6, 1980, following his arrest on January 24, 1980.”
Brown v. State, 736 P.2d 1110 (Wyo. 1987). · cites it 4× “By an amended information appellant was charged with sexual intrusion or sexual contact, with his fifteen-year-old daughter, in violation of § 6-4-402(a) and (b), W.S. 1977 (Cum.Supp.”
Campbell v. State, 589 P.2d 358 (Wyo. 1979). · cites it 4× “1957, [1] (§ 6-4-402, W.S. 1977), found guilty by a jury and sentenced to a penitentiary term of not less than eight nor more than fifteen years.”
Spence v. State, 441 P.3d 271 (Wyo. 2019). · cites it 4× “Spence, charging him with one count of incest for having sexual contact with his niece, AS, between July 4 and July 5, 2014, in violation of Wyo. Stat. Ann. § 6-4-402 (a)(ii) (LexisNexis 2017).”
Dobbins v. State, 298 P.3d 807 (Wyo. 2012). · cites it 5× “§ 6-2-301 (a)(vii) with a descendant in violation of Wyo. Stat. Ann. § 6-4-402 (a)(b). 2 According to an affidavit of probable cause filed with the circuit court on May 7, 2009 (attached to and incorporated within the information), on July 23, 2008 while being detained in a…”
Kallas v. State, 704 P.2d 693 (Wyo. 1985). · cites it 4× “On appeal he contends (1) that the convictions were improper inasmuch as he should have been charged under the incest statute, § 6-4-402, W.S.1977 3 (the victims of appellant’s acts were his daughters, ages four and six years), which he contends to be a special statute and an…”
McCarty v. State, 616 P.2d 782 (Wyo. 1980). · cites it 5× “By virtue of a criminal complaint dated December 17, 1979, appellant Michael McCarty was arrested and charged with the aggravated robbery of the Shamrock Country Store in Laramie, Wyoming, in violation of § 6-4-402, W.S.1977. The crime was alleged to have been committed on…”
Show all 48 citing cases →
— Wyo. Stat. § 6-4-402(a) — 4 cases
Brown v. State, 736 P.2d 1110 (Wyo. 1987). “By an amended information appellant was charged with sexual intrusion or sexual contact, with his fifteen-year-old daughter, in violation of § 6-4-402(a) and (b), W.S. 1977 (Cum.Supp.”
Owen v. State, 902 P.2d 190 (Wyo. 1995).
Smallwood v. State, 748 P.2d 1141 (Wyo. 1988).
Bowser v. State, 2009 WY 54 (Wyo. 2009).
— Wyo. Stat. § 6-4-402(a)(ii) — 2 cases
Makinen v. State, 737 P.2d 345 (Wyo. 1987).
Parker v. State, 882 P.2d 1225 (Wyo. 1994).
— Wyo. Stat. § 6-4-402(c) — 1 case
Hoos v. State, 2003 WY 101 (Wyo. 2003).
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