Wyoming Statutes

Wyo. Stat. § 6-5-107 (2026)

Official misconduct; penalties.

✓ current as of May 2026

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(a) A public servant commits a misdemeanor punishable by a
fine of not more than five thousand dollars ($5,000.00), if,
with intent to obtain a pecuniary benefit or maliciously to
cause harm to another, he knowingly:

           (i) Commits an act relating to his official duties
that the public servant does not have the authority to
undertake;

          (ii)    Refrains from performing a duty imposed upon him
by law; or

          (iii)    Violates any statute relating to his official
duties.

     (b) A public officer commits a misdemeanor punishable by a
fine of not more than seven hundred fifty dollars ($750.00) if
he intentionally fails to perform a duty in the manner and
within the time prescribed by law.

Notes of Decisions

Cited in 6 cases, 1990–2017 · leading case: Cooney v. Park Cnty., 792 P.2d 1287 (Wyo. 1990).

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Cooney v. Park Cnty., 792 P.2d 1287 (Wyo. 1990). · cites it 6× “6-5-301, against either or both of the participants, but additionally available for multiple charging, W.S. 6-5-107, official misconduct; W.S. 6-5-202, accessory after the fact; W.”

Richard Carl Bohling v. State, 2017 WY 7 (Wyo. 2017). · cites it 2× “Counts VII through IX were misdemeanor charges pursuant to Wyo. Stat. Ann. § 6-5-107 (a)(i), § 6-5-110 and § 9-13-105, respectively.”

Duffy v. State, 789 P.2d 821 (Wyo. 1990). · cites it 2× “It is interesting to apply the Duffy II principle of amoeba division to multiply charges and determine all possible criminal complaints that could be made against the prosecutor where the principal offenses most appropriately are W.S. 6-5-107, official misconduct; W.S. 6-5-202,…”

Town of Upton v. Whisler, 824 P.2d 545 (Wyo. 1992). · cites it 3× “Whisler’s discharge, in part, was prompted by a criminal charge that was lodged against him on June 26, 1986 for official misconduct in violation of § 6-5-107, W.S.1977 (June 1983 Repl.). 1 The essence of *547 this charge against Whisler is that he had accepted a bribe of $350…”

Bd. of Prof'l Responsibility v. Meenan, 2004 WY 12 (Wyo. 2004). · cites it 4× “3-901(a) and (c)(ii); and Count IV — Official Misconduct, a misdemeanor, in violation of W.S. § 6-5-107(a)(iii) and § 9-l-802(c). The State having moved to dismiss the remaining Counts, the Court dismissed the *416 same.”

Bd. of Prof'l Responsibility v. Meenan, 2011 WY 140 (Wyo. 2011). · cites it 2× “§6-3-602 (a)(ii)(iii) and (b); and one (1) count of Official Misconduct, a misdemeanor, in violation of W.S. §6-5-107(a) and §9-1-802(c). Further, Respondent entered a plea to one (1) count of Unauthorized Use of Personal Identifying Information, a felony, in violation of W.”

— Wyo. Stat. § 6-5-107(a) — 1 case

Bd. of Prof'l Responsibility v. Meenan, 2011 WY 140 (Wyo. 2011). “§6-3-602 (a)(ii)(iii) and (b); and one (1) count of Official Misconduct, a misdemeanor, in violation of W.S. §6-5-107(a) and §9-1-802(c). Further, Respondent entered a plea to one (1) count of Unauthorized Use of Personal Identifying Information, a felony, in violation of W.”

— Wyo. Stat. § 6-5-107(a)(iii) — 1 case

Bd. of Prof'l Responsibility v. Meenan, 2004 WY 12 (Wyo. 2004). “3-901(a) and (c)(ii); and Count IV — Official Misconduct, a misdemeanor, in violation of W.S. § 6-5-107(a)(iii) and § 9-l-802(c). The State having moved to dismiss the remaining Counts, the Court dismissed the *416 same.”

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