Wyoming Statutes

Wyo. Stat. § 7-9-103 (2026)

Determination of amount owed; execution.

✓ current as of May 2026

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(a) As part of the sentencing process including deferred
prosecutions under W.S. 7-13-301, in any misdemeanor or felony
case, the prosecuting attorney shall present to the court any
claim for restitution submitted by any victim.

     (b) In every case in which a claim for restitution is
submitted, the court shall fix a reasonable amount as
restitution owed to each victim for actual pecuniary damage
resulting from the defendant's criminal activity, and shall
include its determination of the pecuniary damage as a special
finding in the judgment of conviction or in the order placing
the defendant on probation under W.S. 7-13-301. In determining
the amount of restitution, the court shall consider and include
as a special finding, each victim's reasonably foreseeable
actual pecuniary damage that will result in the future as a
result of the defendant's criminal activity. A long-term
physical health care restitution order shall be entered as
provided in W.S. 7-9-113 through 7-9-115.
     (c) The court shall order the defendant to pay all or part
of the restitution claimed or shall state on the record specific
reasons why an order for restitution was not entered. If the
court determines that the defendant has no ability to pay and
that no reasonable probability exists that the defendant will
have an ability to pay in the future, the court shall enter
specific findings in the record supporting its determination.

     (d) Any order for restitution under this chapter
constitutes a judgment by operation of law on the date it is
entered. To satisfy the judgment, the clerk, upon request of the
victim, the division of victim services or the district
attorney, shall issue execution in the same manner as in a civil
action.

     (e) The court's determination of the amount of restitution
owed under this section is not admissible as evidence in any
civil action.

     (f) The defendant shall be given credit against his
restitution obligation for payments made to the victim by the
defendant's insurer for injuries arising out of the same facts
or event.

Notes of Decisions

Cited in 49 cases (4 in the last 5 years), 1989–2026 · leading case: Whitten v. State, 2005 WY 55 (Wyo. 2005).

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Whitten v. State, 2005 WY 55 (Wyo. 2005). · cites it 16× “See also Wyo. Stat. Ann. § 7-9-103 (LexisNexis 2001).”

Jones v. State, 2002 WY 35 (Wyo. 2002). · cites it 14× “[¶ 25] The applicable statute when the petitioner was resentenced regarding the determination of the amount of restitution owed and the ability to pay was Wyo. Stat. Ann. § 7-9-103 (a). This statute read the same, in pertinent part, in 1992 when we decided Shongutsie : "The…”

Murray v. State, 855 P.2d 350 (Wyo. 1993). · cites it 18× “Pursuant to § 7-9-102, the court is required to make a specific finding only when the defendant has no present or prospective ability to pay.”

Meerscheidt v. State, 931 P.2d 220 (Wyo. 1997). · cites it 12× “Wyo. Stat. § 7-9-103(a) (1995) provides in pertinent part: (a) The court shall require restitution by a defendant if it determines or finds that the defendant has or will have an ability to pay or that a reasonable probability exists that the defendant will have an ability to…”

Bush v. State, 2003 WY 156 (Wyo. 2003). · cites it 9× “7-13-301, in any misdemeanor or felony case, the prosecuting attorney shall present to the court any claim for restitution submitted by any victim.”

Frederick v. State, 2007 WY 27 (Wyo. 2007). · cites it 6× “[¶ 36] The procedure by which restitution is ordered is set forth in Wyo. Stat. Ann. § 7-9-103 (LexisNexis 2005).”

Leger v. State, 855 P.2d 359 (Wyo. 1993). · cites it 17× “ether the trial court erred in ordering the defendant, as a term and condition of probation, to pay for additional counseling that may be required in the future by the victim as a result of the defendant’s criminal conduct in that the trial court ordered the defendant to pay…”

Aldridge v. State, 956 P.2d 341 (Wyo. 1998). · cites it 8× “DISCUSSION The district court’s power to determine the amount of restitution due is both described and delimited by Wyo. Stat. § 7-9-103(a) (1997), which reads, in pertinent portion, as follows: If restitution is ordered, or at the time the defendant is placed on probation, the…”

Kuebel v. State, 446 P.3d 179 (Wyo. 2019). · cites it 6× “Wyo. Stat. Ann. § 7-9-103 (LexisNexis 2005 & Supp.”

Shongutsie v. State, 827 P.2d 361 (Wyo. 1992). · cites it 6× “See Wyo. Stat. § 7-9-103 (1987); Seaton v. State, 811 P.”

Hampton v. State, 2006 WY 103 (Wyo. 2006). · cites it 3× “Wyo. Stat. Ann. § 7-9-103 (LexisNexis 2005 & Supp.”

McEwan v. State, 419 P.3d 881 (Wyo. 2018). · cites it 10× “2 Execution of restitution as a civil judgment is authorized by Wyo. Stat. Ann. § 7-9-103 (d) (LexisNexis 2017): Any order for restitution under this chapter constitutes a judgment by operation of law on the date it is entered.”

Show all 49 citing cases →

— Wyo. Stat. § 7-9-103(a) — 14 cases

Murray v. State, 855 P.2d 350 (Wyo. 1993). “Pursuant to § 7-9-102, the court is required to make a specific finding only when the defendant has no present or prospective ability to pay.”

Meerscheidt v. State, 931 P.2d 220 (Wyo. 1997). “Wyo. Stat. § 7-9-103(a) (1995) provides in pertinent part: (a) The court shall require restitution by a defendant if it determines or finds that the defendant has or will have an ability to pay or that a reasonable probability exists that the defendant will have an ability to…”

Aldridge v. State, 956 P.2d 341 (Wyo. 1998). “DISCUSSION The district court’s power to determine the amount of restitution due is both described and delimited by Wyo. Stat. § 7-9-103(a) (1997), which reads, in pertinent portion, as follows: If restitution is ordered, or at the time the defendant is placed on probation, the…”

Leger v. State, 855 P.2d 359 (Wyo. 1993). “ether the trial court erred in ordering the defendant, as a term and condition of probation, to pay for additional counseling that may be required in the future by the victim as a result of the defendant’s criminal conduct in that the trial court ordered the defendant to pay…”

Leach v. State, 836 P.2d 336 (Wyo. 1992).

— Wyo. Stat. § 7-9-103(b) — 6 cases

Perritt v. State, 2005 WY 121 (Wyo. 2005).

Worcester v. State, 2001 WY 82 (Wyo. 2001).

Kuebel v. State, 446 P.3d 179 (Wyo. 2019). “Wyo. Stat. Ann. § 7-9-103 (LexisNexis 2005 & Supp.”

McEwan v. State, 419 P.3d 881 (Wyo. 2018). “2 Execution of restitution as a civil judgment is authorized by Wyo. Stat. Ann. § 7-9-103 (d) (LexisNexis 2017): Any order for restitution under this chapter constitutes a judgment by operation of law on the date it is entered.”

Alexander Vincent Ray Cave v. The State of Wyoming, 2022 WY 30 (Wyo. 2022).

— Wyo. Stat. § 7-9-103(c) — 1 case

Whitten v. State, 2005 WY 55 (Wyo. 2005). “See also Wyo. Stat. Ann. § 7-9-103 (LexisNexis 2001).”

— Wyo. Stat. § 7-9-103(d) — 2 cases

Anderson v. State, 408 P.3d 1148 (Wyo. 2018).

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