Wyoming Statutes

Wyo. Stat. § 7-9-102 (2026)

Order to pay upon conviction.

✓ current as of May 2026

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In addition to any other punishment prescribed by law the court
shall, upon conviction for any misdemeanor or felony, order a
defendant to pay restitution to each victim as determined under
W.S. 7-9-103 and 7-9-114 unless the court specifically finds
that the defendant has no ability to pay and that no reasonable
probability exists that the defendant will have an ability to
pay.

Notes of Decisions

Cited in 42 cases (4 in the last 5 years), 1991–2026 · leading case: Jones v. State, 2002 WY 35 (Wyo. 2002).

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Jones v. State, 2002 WY 35 (Wyo. 2002). · cites it 20× “§ 31-5-233 (h), but must meet the definition of "victim" found in Wyo. Stat. Ann. § 7-9-101 (a)(v). [10] The passenger is entitled to restitution pursuant to Wyo.”

Whitten v. State, 2005 WY 55 (Wyo. 2005). · cites it 10× “2000); Wyo. Stat. Ann. § 7-9-102 (LexisNexis 2001) 2 ; Jones v.”

Murray v. State, 855 P.2d 350 (Wyo. 1993). · cites it 8× “7-9-103 and 7-9-114 unless the court specifically finds that the defendant has no ability to pay and that no reasonable probability exists that the defendant will have an ability to pay.”

Frederick v. State, 2007 WY 27 (Wyo. 2007). · cites it 4× “The applicable statute is Wyo. Stat. Ann § 7-9-102 (LexisNexis 2005).”

Smith v. State, 286 P.3d 429 (Wyo. 2012). · cites it 10× “2010) (emphasis added); see also Wyo. Stat. Ann. §§ 7-9-102 and 7-9-103(c) (LexisNexis 2011).”

Nixon v. State, 4 P.3d 864 (Wyo. 2000). · cites it 6× “Nixon maintains that Wyo. Stat. Ann. §§ 7-9-102 and 7-9-1083 (Lexis 1999) and Wyo.”

Farbotnik v. State, 850 P.2d 594 (Wyo. 1993). · cites it 4× “Wyo.Stat. § 7-9-102 (1987 & Supp. 1991). The State concedes the restitution order was improper because, at the time of this crime, there was no statutory authorization for restitution.”

Kuebel v. State, 446 P.3d 179 (Wyo. 2019). · cites it 4× “Wyo. Stat. Ann. § 7-9-102 (LexisNexis 2005 & Supp.”

Worcester v. State, 2001 WY 82 (Wyo. 2001). · cites it 2× “§ 7-9-102 (LexisNexis 2001) outlines the court's ability to order restitution and provides in pertinent part: "In addition to any other punishment prescribed by law the court shall, upon conviction for any misdemeanor or felony, order a defendant to pay restitution to each…”

Hampton v. State, 2006 WY 103 (Wyo. 2006). · cites it 2× “2006) states: In addition to any other punishment prescribed by law the court shall, upon conviction for any misdemeanor or felony, order a defendant to pay restitution to each victim as determined under W.S. 7-9-103 and 7-9-114 unless the court specifically finds that the…”

Penner v. State, 2003 WY 143 (Wyo. 2003). · cites it 2× “" Wyo. Stat. Ann. § 7-9-102 (LexisNexis 2008).”

Abeyta v. State, 2002 WY 44 (Wyo. 2002). · cites it 2× “[T11] Section 7-9-102 requires that the trial court order a defendant to pay restitution to each victim unless the court specifically finds that the defendant has no ability to pay and no reasonable probability that he will have an ability to pay.”

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