Penalties for misdemeanor offenses.

WORKING DRAFT
2014
STATE OF
WYOMING
14LSO-0030

SENATE FILE
NO.
SF0037

Penalties for misdemeanor offenses.

Sponsored by:
Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to crimes and offenses; modifying penalties for
certain
misdemeanor offenses; providing for classes
for certain
misdemeanors; making conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 6
‑
10
‑
103 is repealed and recreated to read:

6
‑
10
‑
103.

Penalties for misdemeanors; court automation fee; indigent civil legal services fee.

(a)

Unless a different penalty is prescribed by law, every crime declared to be a misdemeanor
in title 6 of the Wyoming statutes
without further specification as to class or punishment shall be a class C misdemeanor. Unless a
different penalty is prescribed by law, misdemeanors for which a class is specified
in title 6

of the Wyoming statutes
are punishable as follows:

(i)

"Class A" misdemeanors are punishable by imprisonment for not more than one (1) year, a fine of not more than five thousand dollars ($5,000.00), or both;

(ii)

"Class B" misdemeanors are punishable by imprisonment for not more than six (6) months, a fine of not more than two thousand five hundred dollars ($2,500.00), or both;

(iii)

"Class C" misdemeanors are punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both;

(iv)

"Class D" misdemeanors are punishable by a fine of not more than seven hundred fifty dollars ($750.00).

(b)

The court shall impose a court automation fee of ten dollars ($10.00) in every criminal case wherein the
defendant is found guilty, enters a plea of guilty or no contest or is placed on probation under W.S. 7
‑
13
‑
301. The fee shall be remitted as provided by W.S. 5
‑
3
‑
205. In addition to the court automation fee the court shall impose an indigent civil legal services fee of ten dollars ($10.00) in every criminal case wherein the defendant is found guilty, enters a plea of guilty or no contest or is placed on probation under W.S. 7
‑
13
‑
301. The indigent civil legal services fee shall be remitted as provided in W.S. 5
‑
3
‑
205(a)(ii).

Section
2
.
W.S. 6
‑
2
‑
106(a), 6
‑
2
‑
107(b), 6
‑
2
‑
203(b), 6
‑
2
‑
313(b), 6
‑
2
‑
319(c), 6
‑
2
‑
320(c), 6
‑
2
‑
403(b), 6
‑
2
‑
501(c), (d), (e), (f)(i) and (h), 6
‑
2
‑
504(c), 6
‑
2
‑
506(d), 6
‑
2
‑
507(b), 6
‑
2
‑
508(c), 6
‑
3
‑
104(b), 6
‑
3
‑
105(a)(intro), 6
‑
3
‑
106, 6
‑
3
‑
107, 6
‑
3
‑
112(a), 6
‑
3
‑
201(b)(i), 6
‑
3
‑
202(b), 6
‑
3
‑
203(e), 6
‑
3
‑
204(c), 6
‑
3
‑
302(c), 6
‑
3
‑
303(b), 6
‑
3
‑
305, 6
‑
3
‑
306, 6
‑
3
‑
402(c)(iii), 6
‑
3
‑
403(a)(iii), 6
‑
3
‑
404(a)(iii) and (b)(iii), 6
‑
3
‑
406(a)(iii), 6
‑
3
‑
407(a)(iii), 6
‑
3
‑
408(a)(iii), (b)(ii) and (c)(ii), 6
‑
3
‑
409(a)(intro), 6
‑
3
‑
411(e),
6
‑
3
‑
412
(a)(intro)
,
6
‑
3
‑
503(a)(i), 6
‑
3
‑
602(c)(intro), 6
‑
3
‑
605(a)(intro) and (b), 6
‑
3
‑
606, 6
‑
3
‑
607(b)(iii), 6
‑
3
‑
608(a), 6
‑
3
‑
610, 6
‑
3
‑
611, 6
‑
3
‑
612(b), 6
‑
3
‑
614(c)(i) and (ii), 6
‑
3
‑
615(a), 6
‑
3
‑
702(b)(i),
6
‑
3
‑
802(b)(i), 6
‑
3
‑
901(c)(i), 6
‑
3
‑
902(a), 6
‑
4
‑
101, 6
‑
4
‑
102, 6
‑
4
‑
201(c), 6
‑
4
‑
302(b)(intro), 6
‑
4
‑
304(a)(intro), 6
‑
4
‑
403(c), 6
‑
4
‑
404(a), 6
‑
4
‑
406(c), 6
‑
4
‑
501(a), 6
‑
5
‑
105(d), 6
‑
5
‑
106(c), 6
‑
5
‑
107(a)(intro) and (b), 6
‑
5
‑
108(b), 6
‑
5
‑
110(b), 6
‑
5
‑
114, 6
‑
5
‑
115(a)(intro), 6
‑
5
‑
116, 6
‑
5
‑
118(b), 6
‑
5
‑
202(b)(ii)(intro), 6
‑
5
‑
203(c)(i)(intro), 6
‑
5
‑
204(a), 6
‑
5
‑
205,
6-5-209(b),
6
‑
5
‑
210(a)(i) and (ii), 6
‑
5
‑
212(a)
and (b)
, 6
‑
5
‑
213(b), 6
‑
5
‑
305(b), 6
‑
5
‑
307, 6
‑
6
‑
101, 6
‑
6
‑
102(b), 6
‑
6
‑
103(a) and (b)(intro), 6
‑
6
‑
104(c), 6
‑
6
‑
105, 6
‑
6
‑
209, 6
‑
6
‑
305, 6
‑
7
‑
102(a), 6
‑
8
‑
104(a)(intro), 6
‑
8
‑
405(b), 6
‑
9
‑
101(b), 6
‑
9
‑
102(b), 6
‑
9
‑
103, 6
‑
9
‑
201(a)(intro), 6
‑
9
‑
202, 6
‑
9
‑
203(d) and
6
‑
9
‑
301(d)
are amended to read:

6
‑
2
‑
106.

Homicide by vehicle; aggravated homicide by vehicle; penalties.

(a)

Except as provided in subsection (b) of this section, a person is guilty of homicide by vehicle
,

and shall be fined not more than two thousand dollars ($2,000.00) or imprisoned in the county jail for not more than one (1) year, or both
a class A misdemeanor
, if he operates or drives a vehicle in a criminally negligent manner, and his conduct is the proximate cause of the death
of another person. Evidence of a violation of any state law or ordinance applying to the operation or use of a vehicle or to the regulation of traffic, except for evidence of a violation of W.S. 10
‑
6
‑
103, 31
‑
5
‑
233 and 41
‑
13
‑
206, is admissible in any prosecution under this subsection.

6
‑
2
‑
107.

Criminally negligent homicide.

(b)

Criminally negligent homicide is a
class A
misdemeanor
.
punishable by imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both.

6
‑
2
‑
203.

False imprisonment; penalties.

(b)

False imprisonment is a
class A
misdemeanor
.

punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both.

6
‑
2
‑
313.

Sexual battery.

(b)

Sexual battery is a
class A
misdemeanor
.

punishable by imprisonment for not more than one (1) year,
a fine of not more than one thousand dollars ($1,000.00), or both.

6
‑
2
‑
319.

Names not to be released; restrictions on disclosures or publication of information; violations; penalties.

(c)

Any person who willfully violates subsection (a) of this section is guilty of a
class C
misdemeanor
.
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.

6
‑
2
‑
320.

Prohibited access to school facilities by adult sex offenders; exceptions; penalties; definitions.

(c)

Any person who violates the provisions of subsection (a) of this section is guilty of a
class C
misdemeanor
.
and upon conviction, shall be punished by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
2
‑
403.

Intimidation in furtherance of the interests of a criminal street gang.

(b)

Intimidation in furtherance of the interests of a criminal street gang is a
high
class A
misdemeanor
.
punishable by imprisonment of up to one (1) year, a fine of up to one thousand dollars ($1,000.00), or both.

6
‑
2
‑
501.

Simple assault; battery; penalties.

(c)

Except as provided by subsection (e) of this section, simple assault is a
class D
misdemeanor
.

punishable by a fine of not more than seven hundred fifty dollars ($750.00).

(d)

Except as provided by subsection (f) of this section, battery is a
class C
misdemeanor
.

punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
Notwithstanding any other provision of law, the term of probation imposed by a judge under this subsection may exceed the maximum term of imprisonment established for the offense under this subsection provided the term of
probation, together with any extension thereof, shall in no case exceed one (1) year.

(e)

A household member as defined by W.S. 35
‑
21
‑
102 who is convicted upon a plea of guilty or no contest or found guilty of simple assault against any other household member, after having been convicted upon a plea of guilty or no contest or found guilty of a violation of W.S. 6
‑
2
‑
501(a), (b), (e) or (f), 6
‑
2
‑
502, 6
‑
2
‑
503, 6
‑
2
‑
504 or other substantially similar law of this or any other state, tribe or territory against any other household member, is guilty of a
class C
misdemeanor
.
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

(f)

A household member as defined by W.S. 35
‑
21
‑
102 who commits a second or subsequent battery against any other household member shall be punished as follows:

(i)

A person convicted upon a plea of guilty or no contest or found guilty of a second offense under this subsection against any other household member, after having been convicted upon a plea of guilty or no contest or found guilty of a violation of W.S. 6
‑
2
‑
501(a), (b), (e) through
(g), 6
‑
2
‑
502, 6
‑
2
‑
503, 6
‑
2
‑
504 or other substantially similar law of this or any other state, tribe or territory against any other household member within the previous five (5) years is guilty of a
class A
misdemeanor
.

punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both.
Notwithstanding any other provision of law, the term of probation imposed by a court under this paragraph may exceed the maximum term of imprisonment established for this offense under this paragraph provided the term of probation, together with any extension thereof, shall in no case exceed two (2) years;

(h)

An unlawful contact under subsection (g) of this section is a
class C
misdemeanor
.
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00) or both.

6
‑
2
‑
504.

Reckless endangering; penalty.

(c)

Reckless endangering is a
class A
misdemeanor
.

punishable by imprisonment for not more than one (1) year.

6
‑
2
‑
506.

Stalking; penalty.

(d)

Except as provided under subsection (e) of this section, stalking is a
class C
misdemeanor
.
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
2
‑
507.

Abuse, neglect, abandonment, intimidation or exploitation of a vulnerable adult; penalties.

(b)

Reckless abuse, neglect, abandonment, intimidation or exploitation of a vulnerable adult is a
class A
misdemeanor,
punishable by not more than one (1) year in jail, a fine of one thousand dollars ($1,000.00), or both,
and
shall subject the offender to
registration
of the offender's name
on the central registry.

6
‑
2
‑
508.

Assault and battery on corrections or detention officer; penalties; definitions.

(c)

A violation of subsection (a) of this section is a
class C
misdemeanor
.
punishable by a fine of not more
than seven hundred fifty dollars ($750.00), imprisonment for not more than six (6) months, or both.

6
‑
3
‑
104.

Arson; fourth degree; penalties.

(b)

Fourth-degree arson is a
class A
misdemeanor
.
punishable by imprisonment for not more than one (1) year, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
3
‑
105.

Negligently burning woods, prairie or grounds; penalties.

(a)

A person is guilty of a
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if he, without permission of the owner and acting with criminal negligence:

6
‑
3
‑
106.

Failure to extinguish or contain fire in woods or prairie; penalty.

A person is guilty of a
class D
misdemeanor
punishable by a fine of not more than seven hundred fifty dollars ($750.00)
if he lights a fire in any woods or on any prairie and leaves the vicinity of the fire without extinguishing it or containing it so it does not spread and is not likely to spread.

6
‑
3
‑
107.

Throwing burning substance from vehicle; penalties.

A person who throws a burning substance from a vehicle is guilty of a
class C
misdemeanor
.
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
3
‑
112.

Preventing or obstructing extinguishment of fire; interference with firefighter; penalties.

(a)

A person who willfully injures, destroys, removes or in any manner interferes with the use of any vehicle, tools, equipment, water supplies, hydrants, towers, buildings, communications facilities, or other instruments or facilities used in the detection, reporting, suppression or extinguishing of fire is guilty of a
class A
misdemeanor.
Upon conviction, he shall be punished by
imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both.

6
‑
3
‑
201.

Property destruction and defacement; grading; penalties; aggregated costs or values.

(b)

Property destruction and defacement is:

(i)

A
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if the cost of restoring injured property or the value of the property if destroyed is less than one thousand dollars ($1,000.00);

6
‑
3
‑
202.

Altering landmarks; penalties.

(b)

Altering landmarks is a
class C
misdemeanor
.
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
3
‑
203.

Cruelty to animals; penalties; limitation on manner of destruction.

(e)

Unless punishable under subsection (n) of this section, a violation of this section is a
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both
except that a subsequent offense is a
high
class A
misdemeanor
.
punishable by not more than one (1) year imprisonment, a fine of not more than five thousand dollars ($5,000.00), or both.

6
‑
3
‑
204.

Littering; penalties.

(c)

Littering is a
class C
misdemeanor
.

punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.
Littering, involving the disposal of a container with body fluids along a highway right of way, is a
class B
misdemeanor
.

punishable by imprisonment for not more than nine (9) months, a fine of not more than one thousand dollars ($1,000.00), or both.
The court may suspend all or a part of a sentence imposed under this section and require the person convicted of littering to perform up to forty (40) hours of labor in the form of cleaning litter debris
from public roads, parks or other public areas or facilities.

6
‑
3
‑
302.

Criminal entry; penalties; affirmative defenses.

(c)

Criminal entry is a
class C
misdemeanor
.

punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
3
‑
303.

Criminal trespass; penalties.

(b)

Criminal trespass is a
class C
misdemeanor
.
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
3
‑
305.

Breaking, opening or entering of coin machine with intent to commit theft; penalties.

A person is guilty of a

class A
misdemeanor
punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both,
if he
breaks, opens or enters a coin machine with intent to commit theft.

6
‑
3
‑
306.

Forcible entry or detainer; penalty.

A person is guilty of a
class D
misdemeanor
punishable by a fine of not more than seven hundred fifty dollars ($750.00),
if he violently takes or keeps possession of land without authority of law.

6
‑
3
‑
402.

Theft; penalties.

(c)

Theft is:

(iii)

A
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if the value of the property is less than one thousand dollars ($1,000.00).

6
‑
3
‑
403.

Wrongful taking or disposing of property; venue of indictment.

(a)

A person who buys, receives, conceals or disposes of property which he knows, believes or has reasonable cause to believe was obtained in violation of law is guilty of:

(iii)

A
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if the value of the property is less than one thousand dollars ($1,000.00).

6
‑
3
‑
404.

Shoplifting; altering or removing price tags and markers; penalties.

(a)

A person who willfully conceals or takes possession of property offered for sale by a wholesale or retail store without the knowledge or consent of the owner and with intent to convert the property to his own use without paying the purchase price is guilty of:

(iii)

A
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or
both,
if the value of the property is less than one thousand dollars ($1,000.00).

(b)

A person who alters, defaces, changes or removes a price tag or marker on or about property offered for sale by a wholesale or retail store with intent to obtain the property at less than the marked or listed price is guilty of:

(iii)

A
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if the difference between the marked or listed price and the amount actually paid is less than one thousand dollars ($1,000.00).

6
‑
3
‑
406.

Defrauding an innkeeper; penalties; definitions.

(a)

A person who, with intent to defraud, procures food, drink or accommodations at a public establishment without paying in accordance with his agreement with the public establishment is guilty of:

(iii)

A
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,

if the value of the food, drink or accommodations is less than one thousand dollars ($1,000.00).

6
‑
3
‑
407.

Obtaining property by false pretenses; penalties.

(a)

A person who knowingly obtains property from another person by false pretenses with intent to defraud the person is guilty of:

(iii)

A
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if the value of the property is less than one thousand dollars ($1,000.00).

6
‑
3
‑
408.

Theft of services; penalties.

(a)

A person who, with intent to defraud, obtains services which he knows are available only for compensation, without paying for the services is guilty of:

(iii)

A
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if the value of the services is less than one thousand dollars ($1,000.00).

(b)

A person who tampers or otherwise interferes with or connects to, by any means, whether mechanical, electrical, acoustical or otherwise, any cables, wires or other devices used for distribution of services for the purposes of committing a violation of subsection (a) of this section is guilty of:

(ii)

A
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if the value of the services is less than one thousand dollars ($1,000.00).

(c)

A person who knowingly manufactures, distributes, sells, or offers for sale, rental or use any decoding or descrambling device or any plan or kit for such device,
designed with intent to facilitate an act which constitutes a violation of subsection (a) of this section is guilty of:

(ii)

A
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if the value of the services is less than one thousand dollars ($1,000.00).

6
‑
3
‑
409.

Fraudulently obtaining telecommunications services deemed misdemeanor.

(a)

A person is guilty of a
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if, with intent to defraud or to aid and abet another to defraud any other person of the lawful charge, in whole or in part, for any telecommunications service, he obtains, attempts to obtain or aids and abets another to obtain or to attempt to obtain any telecommunications service:

6
‑
3
‑
411.

Unlawful use of theft detection shielding devices; penalty.

(e)

A person who commits any of the offenses specified under subsections (a) through (d) of this section shall be guilty of a
class C
misdemeanor
.
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
3
‑
412.

Unlawful taking of motor vehicle fuel; penalties.

(a)

A person who causes a motor vehicle to leave the premises of an establishment at which motor vehicle fuel is offered for retail sale without the person making full payment for motor fuel that was dispensed into the fuel tank of a motor vehicle or into another container is guilty of unlawful taking of motor vehicle fuel.

A conviction under this section is a class
C
misdemeanor
.
Any
person convicted of a second or subsequent offense under this section shall
also

have
his driver's license suspended pursuant to W.S. 31
‑
7
‑
128. The court shall forward to the department of transportation a copy of the record pertaining to disposition of the arrest or citation.

In addition:

6
‑
3
‑
503.

Crimes against computer equipment or supplies; interruption or impairment of governmental operations or public services; penalties.

(a)

A person commits a crime against computer equipment or supplies if he knowingly and without authorization, modifies equipment or supplies used or intended to be used in a computer, computer system or computer network. A crime against computer equipment or supplies is:

(i)

A
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
except as provided in paragraph (ii) of this subsection;

6
‑
3
‑
602.

Forgery; penalties.

(c)

Forgery is a
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if the writing is a:

6
‑
3
‑
605.

Operation of coin machine by slug or without required legal tender; manufacture or distribution of slugs; penalties; "slug" defined.

(a)

A person is guilty of a
class C
misdemeanor

punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if knowingly and without authorization, he:

(b)

A person is guilty of a
class C
misdemeanor

punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if he manufactures or distributes slugs knowing or reasonably believing they will be used for fraudulent or unlawful purposes.

6
‑
3
‑
606.

Impersonation of a peace officer; penalties.

A person is guilty of impersonation of a peace officer if he falsely represents himself to be a peace officer with intent to compel action or inaction by any person against his will. Impersonation of a peace officer is a
class A

misdemeanor
.
punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both.

6
‑
3
‑
607.

Defrauding creditors; penalties.

(b)

Defrauding creditors is:

(iii)

A
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if the mortgagee's or secured party's interest is of a value of less than one thousand dollars ($1,000.00).

6
‑
3
‑
608.

Fraudulent use of materials; fraudulent obtaining of money by contractor; penalties.

(a)

A contractor or subcontractor who purchases materials on credit and represents that they will be used in a designated building or improvement and who knowingly and with intent to defraud the seller uses the materials or allows them to be used in a building or improvement other than the one designated is guilty of a
class C
misdemeanor
.

punishable by imprisonment for not more than six (6)
months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
3
‑
610.

Mislabeling merchandise; penalty.

A person commits a
class D
misdemeanor
punishable by a fine of not more than seven hundred fifty dollars ($750.00)
if, with intent to promote the purchase or sale of a commodity, he knowingly brands, labels, stamps or marks the commodity in a false, misleading or deceptive manner.

6
‑
3
‑
611.

False, misleading or deceptive advertising; penalty.

A person who disseminates to the public an advertisement which he knows is false, misleading or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment, is guilty of a
class D
misdemeanor
.
punishable by a fine of not more than seven hundred fifty dollars ($750.00).

6
‑
3
‑
612.

False written statements to obtain property or credit; penalties.

(b)

A person is guilty of a
class A
misdemeanor

punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00) or the amount of the credit sought or obtained, whichever is greater, or by both fine and imprisonment,
if he knowingly makes or uses a false written statement to a pawnbroker with respect to the ownership of property with intent that the statement be relied upon to procure from the pawnbroker the payment of cash, the making of a loan, the extension of credit or the discount of an account receivable for the benefit of himself or another person.

6
‑
3
‑
614.

Defrauding drug and alcohol screening tests; penalties.

(c)

A person who violates any provision of subsection (a) of this section is guilty of:

(i)

A
class C
misdemeanor for a first offense
;

and, upon conviction, shall be subject to imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both;

(ii)

A
class C
misdemeanor for a second or subsequent offense and, upon conviction, shall be subject to imprisonment for not less than seven (7) days
.
nor more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
3
‑
615.

Use of false identity, citizenship or resident alien documents, penalty.

(a)

Any person who intentionally uses false documents to conceal his true identity, citizenship or resident alien status to obtain access to public resources or services is guilty of a
class C
misdemeanor
.
punishable by imprisonment for not more than six (6) months, a fine of not more than one thousand dollars ($1,000.00), or both.

6
‑
3
‑
702.

Fraud by check; penalties.

(b)

Fraud by check is:

(i)

A
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or
both,
if the fraudulent check was for a sum of less than one thousand dollars ($1,000.00); or

6
‑
3
‑
802.

Unlawful use of credit card; penalties.

(b)

Unlawful use of a credit card is:

(i)

A
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if the value of the property or services purchased or obtained is less than one thousand dollars ($1,000.00); or

6
‑
3
‑
901.

Unauthorized use of personal identifying information; penalties; restitution.

(c)

Theft of identity is:

(i)

A
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if no economic benefit was gained or was attempted to be gained, or if an economic benefit of less than one
thousand dollars ($1,000.00) was gained or was attempted to be gained by the defendant; or

6
‑
3
‑
902.

Unlawful impersonation through electronic means; penalties; definitions; civil remedies.

(a)

Any person who knowingly and without consent intentionally impersonates another actual person through, or on, an internet website or by other electronic means, including, but not limited to spoofing and causes or attempts to cause harm, is guilty of a
class A
misdemeanor
.

punishable by a fine of not more than one thousand dollars ($1,000.00), imprisonment for not more than one (1) year, or both.

6
‑
4
‑
101.

Prostitution; penalties.

Except as provided in W.S. 6-2-701 through 6-2-710, a person who knowingly or intentionally performs or permits, or offers or agrees to perform or permit an act of sexual intrusion, as defined by W.S. 6-2-301(a)(vii), for money or other property commits prostitution which is a
class C

misdemeanor
.
punishable by imprisonment for not more than
six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
4
‑
102.

Soliciting an act of prostitution; penalties.

Except as provided in W.S. 6-2-701 through 6-2-710, a person is guilty of soliciting an act of prostitution if, with the intent that an act of sexual intrusion as defined by W.S. 6-2-301(a)(vii) be committed, that person knowingly or intentionally pays, or offers or agrees to pay money or other property to another person under circumstances strongly corroborative of the intention that an act of prostitution be committed. Soliciting an act of prostitution is a
class C

misdemeanor
.
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
4
‑
201.

Public indecency; exception; penalties.

(c)

Public indecency is a
class C
misdemeanor
.
punishable by imprisonment for not more than six (6)
months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
4
‑
302.

Promoting obscenity; penalties.

(b)

Promoting obscenity is a
class A
misdemeanor
.
punishable upon conviction as follows:

6
‑
4
‑
304.

Voyeurism; penalties.

(a)

A person is guilty of a
class C
misdemeanor

punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if he, without the consent of the person being viewed, commits the crime of voyeurism by looking in a clandestine, surreptitious, prying or secretive nature into an enclosed area where the person being viewed has a reasonable expectation of privacy, including, but not limited to:

6
‑
4
‑
403.

Abandoning or endangering children; penalties; "child"; disclosure or publication of identifying information; "minor victim".

(c)

A person violating this section is guilty of a
class A
misdemeanor
.

punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both.
A person convicted of a second violation of this section is guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both.

6
‑
4
‑
404.

Violation of order of protection; penalty.

(a)

Any person who willfully violates a protection order or valid foreign protection order as defined in W.S. 35
‑
21
‑
109(a), is guilty of a
class C
misdemeanor
.

punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
4
‑
406.

Permitting house parties where minors are present; exceptions; penalties.

(c)

Any person violating any provision of this section is guilty of a
class C
misdemeanor
.
and, upon conviction, shall be punished by imprisonment for not more
than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
4
‑
501.

Opening graves and removing bodies; penalty; exception.

(a)

A person who opens a grave or tomb and removes a body or remains of a deceased person for any purpose without the knowledge and consent of near relations of the deceased commits a
class D
misdemeanor
.
punishable by a fine of not more than seven hundred fifty dollars ($750.00).

6
‑
5
‑
105.

Designation of supplier; penalties; affirmative defense.

(d)

Designating a supplier is a
class C
misdemeanor
.

punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
5
‑
106.

Conflict of interest; penalties; disclosure of interest and withdrawal from participation.

(c)

Violation of subsection (a) of this section is a
class B
misdemeanor
.
punishable by a fine of not more than five thousand dollars ($5,000.00).

6
‑
5
‑
107.

Official misconduct; penalties.

(a)

A public servant or public officer commits a
class B
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:

(b)

A public officer commits a
class D
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.

6
‑
5
‑
108.

Issuing false certificate; penalties.

(b)

A public servant commits a
class A
misdemeanor
punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both,
if he makes and issues an official certificate or other official written instrument which he is authorized to
make and issue containing a statement which he knows to be false.

6
‑
5
‑
110.

Wrongful appropriation of public property; penalties.

(b)

Wrongful appropriation is a
class A
misdemeanor
.

punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both.

6
‑
5
‑
114.

Notarial officers; issuance of certificate without proper acknowledgment; penalties.

A notarial officer commits a
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if he signs and affixes his seal to a certificate of acknowledgment when the party executing the instrument has not first acknowledged the execution of the instrument in the presence of, as defined in W.S. 34
‑
26
‑
101(b)(xxi), the notarial officer, if by law the instrument is required to be recorded or filed and cannot be filed without a
certificate of acknowledgment signed and sealed by a notarial officer.

6
‑
5
‑
115.

Neglect or refusal of ministerial officer to perform duty in criminal case; unnecessary delay in serving warrant; penalties.

(a)

A person commits a
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than five hundred dollars ($500.00), or both,
if he is:

6
‑
5
‑
116.

Public officer acting before qualifying; penalty.

An elected or appointed public officer or his deputy commits a
class D
misdemeanor
punishable by a fine of not more than one thousand dollars ($1,000.00)
if he performs any duty of his office without taking and subscribing the oath prescribed by law or before giving and filing the bond required by law.

6
‑
5
‑
118.

Conflict of interest; public investments; disclosure required; penalty; definitions.

(b)

A violation of subsection (a) of this section is a
class C
misdemeanor
.
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
5
‑
202.

Accessory after the fact; penalties.

(b)

An accessory after the fact commits:

(ii)

A
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if:

6
‑
5
‑
203.

Compounding; penalties.

(c)

Compounding is:

(i)

A
class A
misdemeanor
:
punishable by imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both:

6
‑
5
‑
204.

Interference with peace officer; disarming peace officer; penalties.

(a)

A person commits a
class A
misdemeanor
punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both,
if he knowingly obstructs, impedes or interferes with or resists arrest by a peace officer while engaged in the lawful performance of his official duties.

6
‑
5
‑
205.

Running manned roadblock; penalties.

A person commits a
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if he proceeds or travels through a roadblock which is supervised by a uniformed peace officer without stopping and obeying the instructions of the peace officer.

6
‑
5
‑
209.

Taking deadly weapons into jails, penal institutions, mental hospitals or courtrooms; penalties.

(b)

Except as authorized by a presiding judge, a person commits a
class A

misdemeanor
punishable by
imprisonment for not more than one (1) year, a fine of not more than five thousand dollars ($5,000.00), or both
,
if that person takes into a courtroom a deadly weapon. Any person convicted of a second or subsequent offense under this subsection within five (5) years of the first conviction shall be guilty of a felony punishable by a fine of not more than five thousand dollars ($5,000.00), imprisonment for not more than two (2) years, or both.

6
‑
5
‑
210.

False reporting to authorities; penalties.

(a)

A person who knowingly reports falsely to a 911 emergency reporting system, law enforcement agency or a fire department that:

(i)

A crime has been committed is guilty of a
class C

misdemeanor
;
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both;

(ii)

An emergency exists is guilty of a
class A
misdemeanor
;

punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both;

6
‑
5
‑
212.

Interference with emergency calls.

(a)

A person commits a
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if he knowingly obstructs, prevents, hinders or otherwise interferes with the making or completion of a telephone call to a 911 emergency reporting system or other telephone or radio communication by another person to any law enforcement agency to request protection or other assistance from the law enforcement agency or to report the commission of a crime.

(b)

A person commits a
class C
misdemeanor if he knowingly calls a 911 emergency reporting system for a purpose other than to report a situation that he reasonably believes requires prompt service in order to preserve or protect human life or health or property.

6
‑
5
‑
213.

Taking contraband into penal institutions or correctional facilities; definitions; penalties.

(b)

Any person who violates any provision of subsection (a) of this section is guilty of a
class A
misdemeanor
.
punishable by imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both.

6
‑
5
‑
305.

Influencing, intimidating or impeding jurors, witnesses and officers; obstructing or impeding justice; penalties.

(b)

A person commits a
class A
misdemeanor
punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both,

if, by threats or force, he obstructs or impedes the administration of justice in a court.

6
‑
5
‑
307.

Usurpation; penalties.

A person is guilty of usurpation if he falsely represents himself to be a public servant with the intent to induce anyone to submit to the pretended official authority or to act in reliance upon the pretense to his detriment. Usurpation is a
class C
misdemeanor
.
punishable by imprisonment for not to exceed six (6) months, a fine of
not more than seven hundred fifty dollars ($750.00), or both.

6
‑
6
‑
101.

Fighting in public; penalties.

A person commits a
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both,
if, by agreement, he fights with one (1) or more persons in public.

6
‑
6
‑
102.

Breach of the peace; penalties.

(b)

Breach of the peace is a
class C
misdemeanor
.

punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
6
‑
103.

Telephone calls; unlawful acts; penalties; communicating a threat of bodily injury or death; place of commission of crime.

(a)

A person commits a
class A
misdemeanor
punishable by imprisonment for not more than one (1) year, a fine of
not more than one thousand dollars ($1,000.00), or both,

if he telephones another anonymously or under a false or fictitious name and uses obscene, lewd or profane language or suggests a lewd or lascivious act with intent to terrify, intimidate, threaten, harass, annoy or offend.

(b)

A person commits a
class A
misdemeanor
punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both,

if:

6
‑
6
‑
104.

Unlawful automated telephone solicitation; exceptions; penalties.

(c)

Any person violating subsection (a) of this section is guilty of a
class C
misdemeanor
.
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
6
‑
105.

Unlawful protesting at a funeral; penalties.

A person commits a
class C
misdemeanor
punishable by imprisonment for not more than six (6) months, a fine of
not more than seven hundred fifty dollars ($750.00), or both,
if he protests, pickets, or otherwise causes a breach of the peace within nine hundred (900) feet of a cemetery, church, building or other facility at which a funeral or memorial service is being conducted, and if the protest, picket or other action occurs within one (1) hour prior to, during or within one (1) hour after the funeral or memorial service and the protest, picket, or breach of the peace is directed at the funeral or memorial service.

6
‑
6
‑
209.

"Public nuisance" defined; maintenance thereof; penalty.

Every structure, boat or vehicle used and occupied as a house of ill fame, or for purposes of prostitution or gambling, or for the purpose of manufacture, possession, sale or disposition of intoxicating liquor or any controlled substance in violation of law shall be held and deemed a public nuisance. Any person owning, or having the control of the property, and knowingly leasing or subletting the property, in whole or in part, for the purpose of keeping a house or place of ill fame, prostitution or gambling, or for the purpose of manufacture, possession, sale or disposition of
intoxicating liquor or any controlled substance in violation of law, or knowingly permitting the property to be used or occupied for that purpose, or using or occupying the property for that purpose, shall for every offense be

fined not exceeding seven hundred fifty dollars ($750.00) or be imprisoned in the county jail not to exceed six (6) months
guilty of a class C misdemeanor
.

6
‑
6
‑
305.

Penalties for violations of article.

Any person violating any provision of W.S. 6
‑
6
‑
301 through 6
‑
6
‑
307 is guilty of a
class C
misdemeanor
.
, and, upon conviction thereof, shall be punished by a fine of not more than seven hundred fifty dollars ($750.00), or by imprisonment in the county jail for a period not to exceed sixty (60) days, or both.

6
‑
7
‑
102.

Gambling; professional gambling; penalties.

(a)

A person who engages in gambling commits a
class C
misdemeanor
.
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
8
‑
104.

Wearing or carrying concealed weapons; penalties; exceptions; permits.

(a)

A person who wears or carries a concealed deadly weapon is guilty of a
class C
misdemeanor
punishable by a fine of not more than seven hundred fifty dollars ($750.00), imprisonment in the county jail for not more than six (6) months, or both
for a first offense, or a felony punishable by a fine of not more than two thousand dollars ($2,000.00), imprisonment for not more than two (2) years, or both, for a second or subsequent offense, unless:

6
‑
8
‑
405.

Offenses and penalties; defense of Wyoming citizens.

(b)

Any official, agent or employee of the United States government who enforces or attempts to enforce any act, order, law, statute, rule or regulation of the United States government upon a personal firearm, a firearm accessory or ammunition that is manufactured commercially or privately in Wyoming and that remains exclusively within the borders of Wyoming shall be guilty of a
class A
misdemeanor
.
and, upon conviction, shall be subject to
imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both.

6
‑
9
‑
101.

Equal enjoyment of public accommodations and facilities; penalties.

(b)

A person who intentionally violates this section commits a
class C
misdemeanor
.
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
9
‑
102.

Discrimination prohibited; penalties.

(b)

A person who violates this section commits a
class C
misdemeanor
.
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both.

6
‑
9
‑
103.

Charging for public toilet facilities; penalty.

A person commits a
class D
misdemeanor
punishable by a fine of not more than one hundred dollars ($100.00)
if he
charges for use of toilet facilities which are generally available to the public.

6
‑
9
‑
201.

Trespass on closed or unsafe areas within ski areas; penalty; exceptions.

(a)

A person is guilty of a
class D
misdemeanor
punishable by a fine of not more than one hundred dollars ($100.00)
if he:

6
‑
9
‑
202.

Neglect to close fences; penalty.

A person is guilty of a
class D
misdemeanor
punishable by a fine of not more than seven hundred fifty dollars ($750.00)

if he opens and neglects to close a gate or replace bars in a fence which crosses a private road or a river, stream or ditch.

6
‑
9
‑
203.

Unlawful use of toxic substances; penalty.

(d)

A violation of this section is
punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both
a class C misdemeanor
.

6
‑
9
‑
301.

Skier safety; skiing while impaired; unsafe skiing; collisions; penalties.

(d)

Any person violating this section is guilty of a
class C
misdemeanor
.
punishable by imprisonment for not more than twenty (20) days, a fine of not more than two hundred dollars ($200.00), or both.

Section
3
.
W.S.
6
‑
3
‑
412
(a)
(i) and (ii)
and

6
‑
4
‑
302(b)(i) and (ii)

are

repealed.

Section
4
.
This act is effective July 1, 201
4
.

(END)

1
SF0037