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26LSO-0074
2026
STATE OF WYOMING
26LSO-0074
Numbered
2.0
SENATE FILE NO. SF0003
Protection of nuclear facilities.
Sponsored by: Joint Minerals, Business & Economic Development Interim Committee
A BILL
for
AN ACT relating to crimes and offenses; providing an affirmative defense for the use of defensive force for the protection or defense of nuclear facilities; providing definitions; establishing an offense of trespass on commercial nuclear facilities; specifying penalties; providing armed nuclear facility security guards the authority to detain persons as specified; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1
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W.S. 6
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2
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604 and 6
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3
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308 are created to read:
6
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2
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604.
Use of force in defense of nuclear facilities; definitions; detention authority.
(a)
As used in this section:
(i)
"Armed nuclear security guard" means a person who is:
(A)
Employed by or contracted with a nuclear power reactor that is licensed by the United States nuclear regulatory commission and is located at a commercial nuclear facility;
(B)
Employed or contracted as part of the security plan approved by the United States nuclear regulatory commission and who meets the requirements mandated by the commission for carrying a firearm; and
(C)
Certified as a peace officer by the peace officer standards and training commission.
(ii)
"Commercial nuclear facility" means a facility that is owned by any person, is licensed by the United States nuclear regulatory commission and that is required to have a security plan for the facility approved by the United States nuclear regulatory commission. "Commercial nuclear facility":
(A)
Shall not include any facility owned by the United States nuclear regulatory commission;
(B)
Includes the property on which the facility is located and any other structure and fencing associated with the facility.
(iii)
"Exclusion area" means the area of a commercial nuclear facility in which a United States nuclear regulatory commission licensee has the authority to determine all activities, including the exclusion or removal of property and personnel from the area;
(iv)
"Protected area" means the area of a commercial nuclear facility within the exclusion area that is encompassed by physical barriers;
(v)
"Structure and fencing" means any structure, fenced yard, wall, building or other similar barrier or combination thereof that surrounds a commercial nuclear facility and that is posted with signage stating that it is a felony to trespass at the commercial nuclear facility.
(b)
An armed nuclear security guard is privileged to use defensive force against another person at a commercial nuclear facility if the guard reasonably believes that the defensive force is necessary to prevent or terminate the commission of a burglary under W.S. 6
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3
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301, criminal entry under W.S. 6
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3
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302, criminal trespass under W.S. 6
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3
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303 or criminal trespass at a commercial nuclear facility under W.S. 6
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3
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308 within or upon a protected area.
(c)
An armed nuclear security guard is privileged to use defensive force, including deadly force, against another person at a commercial nuclear facility if the guard reasonably believes that defensive force or deadly force is necessary to:
(i)
Prevent the commission of a murder, manslaughter, aggravated assault, kidnapping, burglary, criminal entry, arson or robbery within or upon a protected area;
(ii)
Prevent acts of radiological sabotage or the theft or diversion of special nuclear material within or upon a protected area under a security plan approved by the United States nuclear regulatory commission;
(iii)
Defend against the use or imminent use of deadly force against the guard or other person within or upon a protected area.
(d)
Notwithstanding any other provision of this section, an armed nuclear security guard is privileged to threaten to use defensive force, including deadly force, if and to the extent that the armed nuclear security guard believes that the threat of force is necessary to protect the guard or others against another person's potential use of force or deadly force within or upon a protected area.
(e)
An armed nuclear security guard using defensive force, including deadly force, in accordance with this section shall not be liable under civil or criminal law for engaging in conduct that is privileged under this section.
(f)
An armed nuclear security guard, acting upon reasonable belief, may detain a person in or at a commercial nuclear facility in a reasonable manner and for a reasonable time if the person is suspected of committing or attempting to commit any of the offenses specified in subsection (b) and paragraph (c)(i) of this section for purposes of summoning law enforcement.
(g)
For purposes of subsection (f) of this section, an armed nuclear security guard's reasonable belief to detain a person under subsection (f) of this section shall constitute an affirmative defense in any civil or criminal action against the armed nuclear security guard, the guard's employer or the owner of the commercial nuclear facility where the guard was employed for false arrest, false imprisonment, unlawful imprisonment or unlawful detention.
6
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3
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308.
Criminal trespass at a commercial nuclear facility.
(a)
The definitions of W.S. 6
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2
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604 shall apply to this section.
(b)
A person is guilty of criminal trespass at a commercial nuclear facility if the person knowingly:
(i)
Enters or remains unlawfully in or on a commercial nuclear facility; or
(ii)
Enters or remains unlawfully within the structure and fencing of a commercial nuclear facility.
(c)
Criminal trespass at a commercial nuclear facility is a felony punishable by imprisonment for not more than five (5) years, a fine of not more than one thousand dollars ($1,000.00), or both.
Section 2
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This act is effective July 1, 2026
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(END)
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SF0003