Wyo. Stat. » Wyo. Stat. / Title 07 - Criminal Procedure / Chapter 11 - TRIAL AND MATTERS INCIDENT THERETO / Article 3 - MENTAL ILLNESS OR DEFICIENCY
Wyoming Statutes

Wyo. Stat. § 7-11-301 (2026)

Definitions.

✓ current as of May 2026
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(a)   As used in this act:

          (i) "Designated examiner" means a licensed
psychiatrist, or other physician with forensic training or a
licensed psychologist with forensic training;

          (ii) "Facility" means the Wyoming state hospital or
other facility designated by the court or the department of
health that can adequately provide for the security, examination
or treatment of the accused. A "facility" shall include a county
jail that is subject to a written contractual agreement under
W.S. 7-11-308;

          (iii) "Mental deficiency" means a defect attributable
to intellectual disability, brain damage and cognitive
disabilities;

           (iv)    "This act" means W.S. 7-11-301 through 7-11-308.
Notes of Decisions
Cited in 25 cases (6 in the last 5 years), 1979–2024 · leading case: Fulcher v. State, 633 P.2d 142 (Wyo. 1981).
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Fulcher v. State, 633 P.2d 142 (Wyo. 1981). · cites it 23× “" Section 7-11-301, W.S. 1977. "A person is not responsible for criminal conduct if at the time of the criminal conduct, as a result of mental illness or deficiency, he lacked substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to…”
Hayes v. State, 599 P.2d 558 (Wyo. 1979). · cites it 8× “" Since the determination of this issue involves the application of the 1975 legislative enactment [2] relative to the plea of insanity (§§ 7-11-301 through 7-11-306, W.S. 1977), an analysis of it is in order.”
Price v. State, 807 P.2d 909 (Wyo. 1991). · cites it 6× “1983), this Court affirmed the district court's decision to reject diminished capacity and irresistible impulse instructions because the legislature has set forth the standard [in Wyo. Stat. §§ 7-11-301 to -304 (1987)[ [11] ] relative to the mental condition which will…”
Jamie Stuart Snyder v. The State of Wyoming, 2021 WY 108 (Wyo. 2021). · cites it 4× “” Wyo. Stat. Ann. § 7-11-301 (a)(iii). Although the phrase “mental illness or deficiency” is defined in Wyo.”
Van Dean v. State, 668 P.2d 639 (Wyo. 1983). · cites it 4× “However, it is inconsistent on its face with the standard set forth in the Model Penal Code and in §§ 7-11-301 and 7-11-304, W.S. 1977 (see fn.”
Bryan A. Skoric, Park Cnty. & Prosecuting Attorney & State of Wyoming, By & Through Bryan A. Skoric, Park Cnty. & Prosecuting Attorney, Relator v. Park Cnty. Circuit Court, Fifth Jud. Dist., Honorable S. Joseph Darrah Presiding, 2023 WY 59 (Wyo. 2023). · cites it 4× “Wyo. Stat. Ann. § 7-11-301 . The legislature refers generally to “the court” throughout the subdivisions of Wyo.”
Polston v. State, 685 P.2d 1 (Wyo. 1984). · cites it 5× “" Section 7-11-301(a)(iii), W.S. 1977. If the abnormal mental condition raised as a defense is a "mental illness or deficiency," then defendant may not introduce evidence to establish this defense without first entering a plea of "not guilty by reason of mental illness or…”
Andrew Wayne Steplock v. The State of Wyoming, 2022 WY 12 (Wyo. 2022). · cites it 2× “]” Wyo. Stat. Ann. § 7-11-301 (a)(i). Ms. Miller, a licensed counselor, is neither a licensed psychiatrist nor psychologist and did not qualify as a designated examiner.”
Follett v. State, 2006 WY 47 (Wyo. 2006). · cites it 2× “[¶ 9] Wyo. Stat. Ann. § 7-11-301 et. seq. sets forth the requirements for determining whether a criminal defendant is competent to stand trial.”
Jeremiah Anthony Marshall, a/k/a Jeremiah Anthony Mahoney v. State, 2016 WY 119 (Wyo. 2016). · cites it 2× “Examination of accused to determine fitness to proceed; reports; commitment; defenses and objections. (a) If it appears at any stage of a criminal proceeding, by motion or upon the court’s own motion, that there is reasonable cause to believe that the accused has a mental…”
Smith v. Schriro, 813 F.3d 1175 (9th Cir. 2016). “Dakota 9 Wyoming Wyo. Stat. Ann. § 7-11-301 (a)(iii). SMITH V.”
Solomon Preston Bolen v. The State of Wyoming, 2024 WY 48 (Wyo. 2024). · cites it 2× “]” Wyo. Stat. Ann. § 7-11-301 (a)(i). 6 [¶28] Dr.”
Show all 25 citing cases →
— Wyo. Stat. § 7-11-301(a)(iii) — 4 cases
Fulcher v. State, 633 P.2d 142 (Wyo. 1981). “" Section 7-11-301, W.S. 1977. "A person is not responsible for criminal conduct if at the time of the criminal conduct, as a result of mental illness or deficiency, he lacked substantial capacity either to appreciate the wrongfulness of his conduct or to conform his conduct to…”
Polston v. State, 685 P.2d 1 (Wyo. 1984). “" Section 7-11-301(a)(iii), W.S. 1977. If the abnormal mental condition raised as a defense is a "mental illness or deficiency," then defendant may not introduce evidence to establish this defense without first entering a plea of "not guilty by reason of mental illness or…”
Price v. State, 807 P.2d 909 (Wyo. 1991). “1983), this Court affirmed the district court's decision to reject diminished capacity and irresistible impulse instructions because the legislature has set forth the standard [in Wyo. Stat. §§ 7-11-301 to -304 (1987)[ [11] ] relative to the mental condition which will…”
Kind v. State, 595 P.2d 960 (Wyo. 1979).
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