(a) A person is guilty of computer extortion if he knowingly and without authorization introduces, attempts to introduce or directs or induces another to introduce, any ransomware into a computer, computer system or computer network which requires the payment of money or other consideration to remove the ransomware or repair the damage caused to the computer, computer system or computer network by the ransomware.
(b) Computer extortion is a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both.
(c) For purposes of this section:
(i) "Computer or data contaminant" means any virus, worm or other similar computer program designed to encrypt, modify, damage, destroy, record or transmit information within a computer, computer system or computer network;
(ii) "Ransomware" means a computer or data contaminant, encryption or lock that restricts an owner's access to a computer, computer data, computer system or computer network in any way. "Ransomware" does not include authentication required to upgrade or access purchased content.
As used in this article "writing" means printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right, privilege or identification.
(a) A person is guilty of forgery if, with intent to defraud, he:
(i) Alters any writing of another without authority;
(ii) Makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or
(iii) Utters any writing which he knows to be forged in a manner specified in paragraphs (i) or (ii) of this subsection.
(b) Except as provided in subsection (c) of this section, forgery is a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both.
(c) Forgery is a 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:
(i) Permit required by W.S. 11-21-102 through 11-21-104; or
(ii) Number or check number placed on a car or pit car in or about a mine.
6-3-603. Possession of forged writings and forgery devices; penalties.
(a) A person 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, if he:
(i) Possesses a writing knowing it is forged in a manner specified in W.S. 6-3-602(a)(i) or (ii) and intending to utter or pass it to defraud another person;
(ii) With intent to commit forgery, makes or knowingly possesses a die, plate, apparatus, paper, metal, machine or other thing used to forge writings.
6-3-604. Fraud against testamentary instruments and government records; penalties; "government record" defined.
(a) A person is guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if he fraudulently steals, alters, defaces, destroys or secretes:
(i) An executed will, codicil or other testamentary instrument; or
(ii) A part or all of a government record.
(b) As used in this section, "government record" means a record, record book, docket or journal which is authorized by law or belongs or pertains to, or is filed with, a court of record, a circuit court or any governmental office or officer.
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 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:
(i) Operates a coin machine by use of a slug;
(ii) Obtains property or services from a coin machine without depositing the amount of legal tender required by the owner of the coin machine for the property or service.
(b) A person is guilty of a 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.
(c) As used in this section, "slug" means an article or object which can be deposited in a coin machine as an improper substitute for a genuine coin, bill or token.
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 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) A mortgagor of property or a debtor who has given a security interest in property is guilty of defrauding creditors if he:
(i) Transfers or conceals the property in derogation of the mortgagee's or secured party's interest with intent to deprive the mortgagee or secured party of his interest;
(ii) Removes the property from the jurisdiction of the district court of the county where the mortgage or security interest was given with intent to deprive the mortgagee or secured party of his interest and without obtaining the written consent of the mortgagee or secured party prior to the removal; or
(iii) Changes, alters, removes, substitutes, mutilates, covers up or defaces any brand, mark, number, name, letter, character, color or other characteristic used to identify the property with intent to deprive the mortgagee or secured party of his interest.
(b) Defrauding creditors is:
(i) A felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if the mortgagee's or secured party's interest is of a value of one thousand dollars ($1,000.00) or more; or
(ii) Repealed by Laws 1984, ch. 44, § 3.
(iii) A 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).
(c) The amount of the mortgagee's or secured party's interest involved in a violation of this section pursuant to a common scheme or the same transaction, whether from the same or a different mortgagee or secured party, may be aggregated in determining the value of the interest.
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 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.
(b) Any contractor who receives money from an owner and provides the owner with an affidavit that all materialmen and subcontractors have been paid when he knows all materialmen and subcontractors have not been paid is guilty of a felony and shall be sentenced to not more than five (5) years in the penitentiary, fined not more than ten thousand dollars ($10,000.00), or both. Lien waivers signed by all materialmen, subcontractors and laborers are prima facie evidence that monies received from the owner were applied toward construction costs by the contractor.
6-3-609. Sports bribery; definitions; penalties; venue; bonuses not prohibited.
(a) As used in this section:
(i) "Athletic contest" means a sports event for which an admission fee is charged or in which the participants or officials are compensated;
(ii) "Bribe" means to confer a direct or indirect gift, emolument, money, thing of value, testimonial, privilege, appointment or personal advantage;
(iii) "Official" means a referee, manager, umpire, coach or other official of an athletic club, team, league, association, institution or conference;
(iv) "Participant" means a player in an athletic contest.
(b) A person is guilty of sports bribery if:
(i) He bribes or offers to bribe a participant or official in an athletic contest with the intent to:
(A) Induce a participant to lose or limit the margin of victory or defeat;
(B) Influence an official's decision, opinion or judgment for the purpose of losing or limiting the margin of victory or defeat.
(ii) He is a participant or official in an athletic contest and he:
(A) Accepts or agrees to accept a bribe given with the intentions proscribed in paragraph (i) of this subsection; or
(B) Commits a knowing act of omission or commission with intent to lose or limit the margin of victory or defeat for the purpose of material gain to himself.
(c) Sports bribery is 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.
(d) To convict a person for violating this section it is not necessary that the participant or official be employed, appointed or selected at the time the bribe is conferred, offered or accepted, or that the participant or official actually play or participate.
(e) In prosecutions under this section, venue may be laid in the county where:
(i) The bribe was given, offered or accepted;
(ii) The athletic contest occurred; or
(iii) The acts referred to in this section were committed.
(f) Nothing in this section prohibits the giving or offering of a bonus or extra compensation to a participant or official to encourage a higher degree of skill, ability or diligence in the performance of his duties.
A person commits a 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 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.
(a) A person 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 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 of the financial condition of himself or another person with intent that the statement be relied upon to procure the delivery of property, the payment of cash, the making of a loan, the extension of credit, the discount of an account receivable or the making, acceptance, discount, sale or endorsement of a bill of exchange or promissory note for the benefit of himself or another person.
(b) A person is guilty of 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.
6-3-613. False representations of value of shares, bonds or property; penalties.
A person who knowingly and with intent to defraud makes or publishes, or permits to be made or published, any publication of or concerning the affairs, financial condition or property of a person which contains a statement which is false, exaggerated, or intended to give a less or greater value to the shares, bonds or property of the person than the shares, bonds or property in fact possess is guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both.
6-3-614. Defrauding drug and alcohol screening tests; penalties.
(a) A person is guilty of defrauding a drug and alcohol screening test if he:
(i) Manufactures, sells, gives away, distributes or markets synthetic or human substances or other products including, but not limited to urine, in this state or transports synthetic or human substances or other products including, but not limited to urine, into this state with the intent to defraud a drug or alcohol screening test;
(ii) Attempts to foil or defeat a drug or alcohol screening test by the substitution or spiking of a sample with the intent to defraud an alcohol or drug screening test;
(iii) Adulterates a hair follicle sample or a urine or other bodily fluid sample with the intent to defraud a drug or alcohol screening test;
(iv) Possesses adulterants which are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defrauding a drug or alcohol screening test; or
(v) Sells adulterants which are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defrauding a drug or alcohol screening test.
(b) Instructions which provide a method for thwarting a drug-screening test and which accompany the sale, giving, distribution or marketing of synthetic or human substances or other products including, but not limited to urine, are prima facie evidence of intent under subsection (a) of this section.
(c) A person who violates any provision of subsection (a) of this section is guilty of:
(i) A 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 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 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.
(b) An official who is presented with any document in connection with an application for a driver's license or Wyoming identification card issued by the Wyoming department of transportation, and who has probable cause to believe that it is a false document in violation of subsection (a) of this section, is authorized to seize and retain the document. Upon seizure, the document shall be delivered to a law enforcement official having jurisdiction to investigate the violation as soon as reasonably possible. If the investigation shows that the document is not a false document, the document shall be returned to the person immediately.
(a) As used in this article:
(i) "Check" means a written unconditional order to pay a sum certain in money drawn on a bank payable on demand and signed by the drawer;
(ii) "Knowingly issues" means issuing a check to obtain property or to pay a debt with intent to defraud or deceive any other person;
(iii) "Drawee" means the bank or purported bank upon which a check is drawn;
(iv) "Drawer" means a person either real or fictitious whose name appears on a check as the primary obligor whether the actual signature is that of himself or of a person authorized to draw the check in his behalf;
(v) "Insufficient funds" means when the drawer issues a check from the drawee and has no checking account with the drawee or has funds or credit in a checking account with the drawee in an amount less than the amount of the check plus the amount of all other checks outstanding at the time of issuance. A check dishonored for "no account", "account closed" or "nonsufficient funds" shall also be deemed to be dishonored for "insufficient funds";
(vi) "Issue" means make, draw, deliver or pass a check.
(a) Any person who knowingly issues a check which is not paid because the drawer has insufficient funds or credit with the drawee has issued a fraudulent check and commits fraud by check.
(b) Fraud by check is:
(i) A 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
(ii) Repealed by Laws 1984, ch. 44, § 3.
(iii) A felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if the fraudulent check was for the sum of one thousand dollars ($1,000.00) or more, or if the offender is convicted of fraud by check involving two (2) or more checks issued within any sixty (60) day period in the state of Wyoming totaling one thousand dollars ($1,000.00) or more in the aggregate.
(c) Renumbered as 7-9-112 by Laws 1987, ch. 157, § 3.
6-3-703. Prima facie evidence of intent that check not to be paid; evidence of knowledge of account balance.
(a) Any of the following is prima facie evidence that the person at the time he issued the check or other order for the payment of money intended that it should not be paid:
(i) Proof that at the time of issuance he did not have an account with the drawee;
(ii) Proof that at the time of issuance he did not have sufficient funds with the drawee and that he failed to pay the check or other order within five (5) days after receiving notice of nonpayment or dishonor, personally given or sent to the address shown on the check or other order; or
(iii) Proof that when presentment was made in a reasonable time the issuer did not have sufficient funds with the drawee and he failed to pay the check or other order within five (5) days after receiving notice of nonpayment or dishonor, personally given or sent to the address shown on the check or other order.
(b) Proof the drawer opened an account with the drawee on a certain date shall be considered evidence of the drawer's knowledge of the account balance on that date.
6-3-704. Acquirer of right to check with insufficient
funds may file complaint; deferred prosecution or probation and restitution on checks.
(a) Any person, having acquired rights with respect to a check which is not paid because the drawer has insufficient funds, may file a complaint under this act whether or not he is the payee, holder or bearer of the check.
(b) If deferred prosecution or probation is ordered, the court as a condition of supervision shall require the defendant to make restitution in an amount not to exceed twice the amount of the dishonored check on all checks issued by the defendant which are unpaid as of the date of commencement of the supervision in addition to other terms and conditions appropriate for the treatment or rehabilitation of the defendant.
6-3-705. Liability of drawee for release of information to
payee, holder or official; liability of person committing fraud to holder.
(a) A drawee is not civilly or criminally liable for releasing the following information relating to the drawer's account to any payee or holder of a check that has been dishonored for insufficient funds, upon the written request of any payee or holder:
(i) The status of the account, and whether the drawer had sufficient funds or credit with the drawee at the time the check was issued or presented for payment; and
(ii) The current home and business addresses and telephone numbers of the drawer.
(b) A drawee is not civilly or criminally liable for releasing the following information relating to the drawer's account to any law enforcement or prosecuting official or agent thereof who first certifies in writing that he is investigating a complaint against the drawer under this section:
(i) Documents relating to the opening of the account by the drawer;
(ii) Correspondence between the drawer and the drawee relating to the status of the account;
(iii) Periodic statements delivered to the drawer by the drawee for the two (2) periods prior to and subsequent to the issuance of any check which is the subject of such investigation;
(iv) The current home and business addresses and telephone numbers of the drawer; and
(v) Copies of other documents showing examples of signatures of the drawer.
(c) Any person who commits fraud by check is liable to the holder of the check for the sum of the check plus interest, costs of collection and reasonable collection fees.
6-3-706. Bank not liable for release of information on drawer's account after warrant issued.
After a warrant has been issued against a drawer, a bank is not civilly or criminally liable for releasing information relating to the drawer's account to a sheriff, deputy sheriff, under sheriff, police officer, prosecuting attorney, assistant prosecuting attorney, deputy prosecuting attorney or authorized investigator or detective for a prosecuting attorney, sheriff's office or police department investigating or prosecuting a charge under this article.
(a) As used in this article:
(i) "Credit card" means an identification card or device issued by a business organization authorizing the person to whom issued to purchase or obtain property or services on credit;
(ii) "Charge card" means an identification card or device issued by a business organization authorizing the person to whom issued to purchase or obtain property or services on credit for which the balance of the card must be paid when a statement is issued;
(iii) "Debit card" means an identification card or device issued by a business organization with or without fee for the use of a person to withdraw funds or obtain property or services, payment of which is made against funds previously deposited in an account with the issuer of the identification card or device.
6-3-802. Unlawful use of credit card, charge card or debit card; penalties.
(a) A person is guilty of unlawful use of a credit card, charge card or debit card if, with the intent to obtain property or services by fraud, he:
(i) Uses a credit card, charge card or debit card, or the number or description of a credit card, charge card or debit card, issued to another person without the consent of that person;
(ii) Uses a credit card, charge card or debit card which he knows has been revoked, cancelled or expired; or
(iii) Knowingly uses a falsified, mutilated or altered credit card, charge card, debit card or the number or description thereof.
(b) Unlawful use of a credit card, charge card or debit card is:
(i) A misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00.00), or both, if the value of the property or services purchased or obtained is less than one thousand dollars ($1,000.00); or
(ii) Repealed by Laws 1984, ch. 44, § 3.
(iii) A felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if the value of the property or services purchased or obtained in violation of this section within any sixty (60) day period in the state of Wyoming totals one thousand dollars ($1,000.00) or more in the aggregate.
6-3-803. Unlawful skimming of credit, debit or other electronic payment cards; penalties.
(a) As used in this section:
(i) "Authorized card user" means any person with the empowerment, permission or competence to act in the usage of any electronic payment card including, but not limited to, a credit card, charge card, debit card, hotel key card, stored value card or any other card that allows the user to obtain, purchase or receive goods, services, money or anything else of value from a merchant;
(ii) "Electronic payment card" means a credit card, charge card, debit card, hotel key card, stored value card or any other card that is issued to an authorized card user and that allows the user to obtain, purchase or receive goods, services, money or anything else of value from a merchant;
(iii) "Merchant" means an owner or operator of any retail mercantile establishment or his agent, employee, lessee, consignee, officer, director, franchisee or independent contractor who receives from an authorized user of an electronic payment card, or someone the person believes to be an authorized user, an electronic payment card or information from an electronic payment card, or what the person believes to be an electronic payment card or information from an electronic payment card, as the instrument for obtaining, purchasing or receiving goods, services, money or anything else of value from the person;
(iv) "Re-encoder" means an electronic device that places encoded information from the magnetic strip or stripe of an electronic payment card onto the magnetic strip or stripe of a different electronic payment card;
(v) "Scanning device" means a scanner, reader or any other electronic device that is used to access, read, scan, obtain, memorize or store, temporarily or permanently, information encoded on the magnetic strip or stripe of an electronic payment card.
(b) A person is guilty of unlawful skimming if the person uses:
(i) A scanning device to access, read, obtain or memorize, temporarily or permanently, information encoded on the magnetic strip or stripe of an electronic payment card without the permission of the authorized user of the electronic payment card, with the intent to defraud the authorized user, the issuer of the authorized user's electronic payment card or a merchant;
(ii) A re-encoder to place information encoded on the magnetic strip or stripe of an electronic payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being re-encoded, with the intent to defraud the authorized user, the issuer of the authorized user's electronic payment card or a merchant.
(c) Unlawful skimming is a felony:
(i) Punishable by imprisonment for not more than five (5) years, a fine of not more than ten thousand dollars ($10,000.00), or both, for a first conviction;
(ii) Punishable by imprisonment for not more than ten (10) years, a fine of not more than twenty-five thousand dollars ($25,000.00), or both, for a second or subsequent conviction.
6-3-901. Unauthorized use of personal identifying information; penalties; restitution.
(a) Every person who willfully obtains personal identifying information of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services or medical information in the name of the other person without the consent of that person is guilty of theft of identity.
(b) As used in this section "personal identifying information" means the name or any of the following data elements of an individual person:
(i) Address;
(ii) Telephone number;
(iii) Social security number;
(iv) Driver's license number;
(v) Account number, credit card number or debit card number in combination with any security code, access code or password that would allow access to a financial account of the person;
(vi) Tribal identification card;
(vii) Federal or state government issued identification card;
(viii) Shared secrets or security tokens that are known to be used for data based authentication;
(ix) A username or email address, in combination with a password or security question and answer that would permit access to an online account;
(x) A birth or marriage certificate;
(xi) Medical information, meaning a person’s medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional;
(xii) Health insurance information, meaning a person’s health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the person or information related to a person’s application and claims history;
(xiii) Unique biometric data, meaning data generated from measurements or analysis of human body characteristics for authentication purposes;
(xiv) An individual taxpayer identification number.
(c) Theft of identity is:
(i) A 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
(ii) A felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if an economic benefit of one thousand dollars ($1,000.00) or more was gained or was attempted to be gained by the defendant.
(d) If a restitution plan is ordered pursuant to W.S. 7-9-101 through 7-9-115, the court may include, as part of its determination of amount owed pursuant to W.S. 7-9-103, payment for any costs incurred by the victim, including attorney fees, any costs incurred in clearing the credit history or credit rating of the victim or in connection with any civil or administrative proceeding to satisfy any debt, lien or other obligation of the victim arising as a result of the actions of the defendant.
(e) In any case in which a person willfully obtains personal identifying information of another person, and without the authorization of that person uses that information to commit a crime in addition to a violation of subsection (a) of this section, and is convicted of that crime, the court records shall reflect that the person whose identity was falsely used to commit the crime did not commit the crime.
6-3-902. Unlawful impersonation through electronic means; penalties; definitions; civil remedies.
(a) A person is guilty of 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, if he knowingly and without consent intentionally impersonates another person or that person's personal or organizational digital identity through, or on, an internet website or by other electronic means, including, but not limited to spoofing, and:
(i) Causes or attempts to cause harm;
(ii) Harasses or attempts to harass another person while using false self-identifying information related to the person impersonated; or
(iii) Uses or attempts to use false self-identifying information related to the person impersonated as an unauthorized deceptive means to facilitate contact with another person.
(b) For purposes of this section:
(i) "Electronic means" includes opening an e-mail account or an account or profile on a site transmitted via the internet;
(ii) "Internet" means as defined in W.S. 9-2-3219(a)(iii);
(iii) "Spoofing" means falsifying the name or phone number appearing on caller identification systems;
(iv) "Personal digital identity" means as defined in W.S. 8-1-102(a)(xviii);
(v) "Organizational digital identity" means as defined in W.S. 8-1-102(a)(xix).
(c) In addition to any other civil remedy available, a person who suffers damage or loss by reason of a violation of subsection (a) of this section may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief.
(a) As used in this article:
(i) "Costs of the animal's impoundment" means all costs incurred by the impounding entity in providing necessary food and water, veterinary attention and treatment for any animal which is the subject of a violation of this article;
(ii) "Household pet" means any privately owned dog, cat, rabbit, guinea pig, hamster, mouse, gerbil, ferret, bird, fish, reptile, amphibian, invertebrate or any other species of domesticated animal sold, transferred or retained for the purpose of being kept as a pet in or near a house. "Household pet" shall not include any livestock;
(iii) "Livestock" means horses, mules and asses, rabbits, llamas, cattle, swine, sheep, goats, poultry, or other animal generally used for food or in the production of food or fiber, working animals and guard animals actively engaged in the protection or management of livestock. Bison are considered livestock unless otherwise designated by the Wyoming livestock board and the Wyoming game and fish commission;
(iv) "Predacious bird" means as defined in W.S. 23-1-101(a)(vii);
(v) "Predatory animal" means as defined in W.S. 23-1-101(a)(viii);
(vi) "Wildlife" means as defined in W.S. 23-1-101(a)(xiii). "Wildlife" shall not include amphibians, crustaceans, fish, mollusks and reptiles.
(a) A person commits cruelty to animals if the person:
(i) Knowingly overrides an animal or drives an animal when overloaded;
(ii) Intentionally or knowingly, unnecessarily injures or beats an animal;
(iii) Knowingly carries an animal in a manner that poses undue risk of injury or death;
(iv) Has the charge and custody of any animal and under circumstances which manifest extreme indifference to the animal's safety, health or life:
(A) Fails to provide it with proper food, drink or protection from the weather adequate for the species;
(B) Abandons the animal. Relinquishment of an animal to a public or private animal shelter or like facility is not a violation of this subparagraph;
(C) In the case of immediate, obvious, serious illness or injury to the animal, fails to provide the animal with appropriate care; or
(D) Keeps any household pet in a manner that results in chronic or repeated serious physical harm to the household pet.
(v) Owns, possesses, keeps or trains fowls or dogs with the intent to allow the dog or fowl to engage in an exhibition of fighting with another dog or fowl;
(vi) For gain causes or allows any dog to fight with another dog or any fowl to fight with another fowl;
(vii) Promotes any dog or fowl fighting;
(viii) Knowingly permits any act prohibited under paragraphs (v) through (vii) of this subsection on any premises under the person's charge or control; or
(ix) Shoots, poisons or otherwise intentionally acts to seriously injure or destroy any livestock or domesticated animal owned by another person while the animal is on property where the animal is authorized to be present.
6-3-1003. Other misdemeanors involving animal abuse;
prohibition on manner of destruction of animals; attending fowl or dog fights; keeping household pets in unsanitary conditions.
(a) A person shall not destroy an animal by the use of a high-altitude decompression chamber or a carbon monoxide gas chamber utilizing a gasoline engine. This subsection is uniformly applicable to all cities and towns.
(b) A person is guilty of a misdemeanor if he knowingly is present at any place where an exhibition of fighting of fowls or dogs is occurring for amusement or gain.
(c) A person is guilty of a misdemeanor if he keeps a household pet confined in conditions which constitute a public health hazard.
(a) A first offense of cruelty to animals or of a violation of W.S. 6-3-1003 is a 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.
(b) A second or subsequent conviction, resulting from charges separately brought and arising out of separate occurrences within a five (5) year period:
(i) Of animal cruelty under W.S. 6-3-1002 is punishable by imprisonment for not more than six (6) months, a fine of not more than five thousand dollars ($5,000.00), or both;
(ii) Under W.S. 6-3-1003 is a misdemeanor offense punishable by imprisonment for not more than six (6) months, a fine of not more than five thousand dollars ($5,000.00), or both.
(c) A first offense of cruelty to animals under W.S. 6-3-1005(a)(iii) and 23-3-103(d) is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than five thousand dollars ($5,000.00), or both. The person shall also be subject to revocation and suspension of licenses and privileges as provided in W.S. 6-3-1005(c) and 23-3-103(d).
(a) Except as provided in W.S. 6-3-1004(c) and paragraph (a)(iii) of this section a person commits felony cruelty to animals if the person:
(i) Commits cruelty to animals as defined in W.S. 6-3-1002(a)(v) through (ix), that results in the death or required euthanasia of the animal;
(ii) Knowingly, and with intent to cause death or undue suffering, beats with cruelty, tortures, torments or mutilates an animal; or
(iii) Knowingly, and with intent to cause undue suffering, tortures, torments or mutilates living wildlife, including predatory animals and predacious birds, after reducing the living wildlife to possession. For purposes of this paragraph:
(A) The immediate killing of living wildlife reduced to possession shall not be a violation of this paragraph;
(B) Nothing in this paragraph shall be construed to require an owner of a trap or snare to check the trap or snare before the time required in title 23 of the Wyoming statutes and rules promulgated by the game and fish commission. Wildlife discovered in a snare or trap shall be considered within the possession of the owner of the snare or trap upon discovery by the owner;
(C) A first offense of cruelty to animals under this paragraph and W.S. 23-3-103(d) is a misdemeanor punishable as provided in W.S. 6-3-1004(c). A second or subsequent offense under this paragraph or W.S. 23-3-103(d) is punishable as provided by subsections (b) and (c) of this section.
(b) Felony cruelty to animals is a felony punishable by:
(i) Permanent forfeiture of the animal or livestock animal; and
(ii) Imprisonment for not more than two (2) years, a fine of not more than five thousand dollars ($5,000.00), or both.
(c) Upon a conviction of a first or subsequent violation of paragraph (a)(iii) of this section and W.S. 23-3-103(d) and in addition to any penalty specified in subsection (b) of this section, the court may revoke any license issued under title 23 of the Wyoming statutes and suspend a person's privilege to purchase or receive any other license as specified in title 23 of the Wyoming statutes or to take any wildlife under W.S. 23-6-206(a)(iii).
(a) In addition to the penalties for misdemeanor and felony offenses in W.S. 6-3-1004 and 6-3-1005, the court may order any or all of the following:
(i) If the defendant is the owner of the animal, require the defendant to forfeit ownership of the animal. This paragraph shall not affect the interest of any secured party or other person who has not participated in the offense;
(ii) Require the defendant to pay all reasonable costs of the animal's impoundment, if the animal has been impounded;
(iii) Impose continuing prohibitions or limitations on the defendant's ownership, possession or custody of any animal.
Each animal affected by the defendant's conduct may constitute a separate count for the purposes of prosecution, conviction, sentencing and penalties under this article.
6-3-1008. Use of agricultural and livestock management
practices, wildlife management and humane destruction not prohibited.
(a) Nothing in this article may be construed to prohibit:
(i) A person humanely destroying an animal, including livestock;
(ii) The use of industry accepted agricultural and livestock practices on livestock or another animal used in the practice of agriculture;
(iii) Rodeo events, training for rodeo events or participating in rodeo events, whether the event is performed in a rodeo, fair, jackpot, agricultural exhibition or other similar event;
(iv) The use of dogs in the management of livestock by the owner of the livestock, his employees or agents or other persons in lawful custody of the livestock;
(v) The use of dogs or raptors in hunting;
(vi) The training of dogs or raptors or the use of equipment in the training of dogs or raptors for any purpose not prohibited by law;
(vii) The hunting, capture, killing or destruction of any predatory animal, pest or other wildlife in any manner not otherwise prohibited by law.
6-3-1009. Household pet protection account continued; authorized uses of the account.
The cruelty to household pet animals protection account as originally created by W.S 6-3-203(o) is continued. Funds shall be credited to the account as provided by law. Funds in the account are continuously appropriated to the attorney general to reimburse county law enforcement agencies for eligible expenses regarding animal cruelty cases involving household pets under W.S. 6-3-1002(a)(iv)(D) or 6-3-1003(c). The attorney general shall develop rules and regulations to establish eligible expenses and to determine how county law enforcement agencies will be reimbursed for the costs of an animal cruelty case under W.S. 6-3-1002(a)(iv)(D) or 6-3-1003(c), in an amount not to exceed ninety percent (90%) in any particular case. Any reimbursement under this subsection shall be contingent upon available funding and upon a showing that the agency has made reasonable efforts to seek reimbursement from the offender of expenses incurred by the agency, as permitted by law. All funds in the account may be used for and are continuously appropriated for eligible expenses authorized to be made under this section. Notwithstanding W.S. 9-2-1008 and 9-4-207 funds in the account shall not lapse at the end of the fiscal period.
(a) Any person with authority to enforce this article or W.S. 11-29-101 through 11-29-115 and who has probable cause to believe there has been a violation of this article may impound any animal treated cruelly. The following shall apply to impounding an animal under this subsection:
(i) If any animal is impounded under this subsection the following shall apply:
(A) Within the earlier of seventy-two (72) hours of impoundment or charges being filed, the circuit court shall hold a hearing to set a bond in an amount the circuit court determines is sufficient to provide for the animal's reasonable costs of impoundment for at least ninety (90) days including the day on which the animal was impounded. At the request of the owner of the animal, the court may make a determination on the disposition of the animal at a hearing pursuant to this subparagraph;
(B) The bond shall be posted by the owner of the animal with the circuit court in the county where the animal was impounded within ten (10) days after the hearing required by this subparagraph.
(ii) When the bond required by paragraph (i) of this subsection expires, if the owner of the animal desires to prevent disposition of the animal by the person with authority to enforce this article or W.S. 11-29-101 through 11-29-115, the owner shall post a new bond with the court as described in paragraph (i) of this subsection. The court may correct, alter or otherwise adjust the new bond before the expiration date of the previous bond;
(iii) If a bond is not posted under paragraphs (i) or
(ii) of this subsection, the person with authority to enforce this article or W.S. 11-29-101 through 11-29-115 shall dispose of the animal. As used in this section, "dispose" means to place for adoption, sell, destroy or return to the owner. The owner of the animal shall be liable for all costs associated with the final disposition of the animal under this subsection. Posting of a bond shall not prevent the person with authority to enforce this article or W.S. 11-29-101 through 11-29-115 from disposing of the impounded animal before the expiration of the period covered by the bond if during a disposition hearing pursuant to paragraph (vi) of this subsection the court orders the forfeiture of the animal to a person with authority to enforce this article or W.S. 11-29-101 through 11-29-115 or the owner voluntarily forfeits the animal. No animal shall be forfeited pursuant to paragraph (vi) of this subsection without a hearing pursuant to paragraphs (vi) through (viii) of this subsection, regardless of whether a bond is posted, if the animal is connected to the livelihood or ability to make a living of the owner;
(iv) If a bond has been posted in accordance with paragraph (i) or (ii) of this subsection, the person with authority to enforce this article or W.S. 11-29-101 through 11-29-115 may draw from the bond the actual costs of the activities described in paragraph (i) of this subsection, from the date of initial impoundment to the date of final disposition of the animal;
(v) Upon the final disposition of the animal, any bond amount remaining that has not been expended in the impoundment and disposition of the animal shall be remitted to the owner of the animal;
(vi) A person with authority to enforce this article or W.S. 11-29-101 through 11-29-115 or other participant in the criminal action may file a petition in the criminal action requesting the court issue an order providing for the final disposition of the animal if:
(A) The animal is in the possession of and being held by a person with authority to enforce this article or W.S. 11-29-101 through 11-29-115;
(B) The outcome of the criminal action charging a violation of this article is pending; and
(C) The final disposition of the animal has not occurred.
(vii) Upon receipt of a petition pursuant to paragraph (vi) of this subsection, the court shall set a hearing on the petition for disposition of the animal. The hearing shall be conducted within seven (7) days after the filing of the petition or as soon as practicable thereafter. The hearing shall be limited to the question of the disposition of the animal;
(viii) At a hearing conducted pursuant to paragraph
(vii) of this subsection, the prosecutor shall have the burden of proving by a preponderance of the evidence that the animal was subjected to a violation of this article. After the hearing, if the court finds by a preponderance of the evidence that the animal was subjected to a violation of this article, the court may order immediate forfeiture of the animal to the person with authority to enforce this article or W.S. 11-29-101 through 11-29-115. If, after the hearing, the court finds by a preponderance of the evidence that the animal was not subjected to a violation of this article, the animal shall be returned to the owner of the animal and the owner shall not be responsible for any costs of the impoundment incurred after a finding that the animal was not subjected to a violation of this article unless the person later pleads guilty to or is found guilty of a violation of this article.
(a) As used in this article:
(i) "Financial or business institution" includes a foreign or domestic money transmitter or an authorized agent thereof, casino, check casher, person engaged in a trade or business or any other person required by state or federal law to report regarding currency transactions or suspicious transactions.
(a) A person is guilty of money laundering if the person:
(i) Transports or possesses property the person knows or reasonably should know to be derived from criminal activity or represent proceeds of criminal activity;
(ii) Directs, organizes, finances, plans, manages, supervises or controls the transportation of or transactions in property the person knows or reasonably should know to be derived from criminal activity or represent proceeds of criminal activity; or
(iii) Engages in a transaction involving property the person knows or reasonably should know to be derived from criminal activity or represent proceeds of criminal activity:
(A) With the intent to facilitate or promote the criminal activity; or
(B) Knowing that the transaction is designed, in whole or in part:
(I) To conceal or disguise the nature, location, source, ownership or control of the property derived from criminal activity; or
(II) To avoid a transaction reporting requirement under the laws of this state, any other state or of the United States. For purposes of this subdivision, the transaction or transactions shall not be required to exceed any transaction reporting threshold under state or federal law at any single financial or business institution on any single day.
(b) Money laundering is a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both.
(c) This section shall not apply to a financial institution whose deposits are insured by the federal deposit insurance corporation or the national credit union share insurance fund or to its employees with respect to transactions for depositors or borrowers unless an employee conducts those transactions with the intent to do one (1) or more of the following:
(i) To facilitate or promote criminal activity;
(ii) To conceal or disguise the nature, location, source, ownership or control of property derived from criminal activity;
(iii) To avoid a transaction reporting requirement under the laws of Wyoming, the United States or another state.
(a) A person is guilty of illegal investment if, with the intent to evade a transaction reporting requirement of this state or of 31 U.S.C. § 5311 et seq. or 31 C.F.R. § 1010.100 et seq., or any rules or regulations adopted under those chapters and sections, the person:
(i) Causes a financial or business institution to fail to report or to file a report that contains a material omission or misstatement of fact; or
(ii) Structures or assists in structuring any transaction with one (1) or more financial or business institutions. For purposes of this paragraph, "structures" or "structuring" means that a person, acting alone, or in conjunction with or on behalf of other persons, conducts one (1) or more currency transactions, in any amount, at one (1) or more financial or business institutions, on one (1) or more days, in any manner, for the purpose of evading currency transaction reporting requirement of this state or of 31 U.S.C. § 5311 et seq. or 31 C.F.R. § 1010.100 et seq., or any rules or regulations adopted under those chapters and sections. For purposes of this paragraph, the transaction or transactions need not exceed any reporting threshold under state or federal law at any single financial or business institution on any single day.
(b) Illegal investment is a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both.