Self-Defense Laws in Wyoming
Whether Wyoming has a duty to retreat or a stand your ground law, and how the castle doctrine applies at home.
Short answer: Stand your ground. A person who is attacked in any place where the person is lawfully present shall not have a duty to retreat before using reasonable defensive force, provided that he is not the initial aggressor and is not engaged in illegal activity. W.S. 6-2-602(a), (e), (f)
| Stand your ground / duty to retreat | Stand your ground. A person who is attacked in any place where the person is lawfully present shall not have a duty to retreat before using reasonable defensive force, provided that he is not the initial aggressor and is not engaged in illegal activity. Defensive force is reasonable when it is the force a reasonable person in like circumstances would judge necessary to prevent an injury or loss, and no more, including deadly force if necessary to prevent imminent death or serious bodily injury to the person or another; 'necessary to prevent' includes an honest belief that the danger exists, whether real or apparent. A person who uses reasonable defensive force shall not be criminally prosecuted for that use of force. Source: W.S. 6-2-602(a), (e), (f) |
|---|---|
| Castle doctrine (defending your home) | A person is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury when using defensive force, including deadly force, if the intruder was unlawfully and forcefully entering, or had unlawfully and forcibly entered, another's home or habitation (or was removing or attempting to remove another against his will from it), and the person using force knew or had reason to believe an unlawful and forcible entry or act was occurring. The presumption does not apply if the person against whom force is used has a right to be in or is a lawful resident of the home (such as an owner, lessee or titleholder) and there is no domestic-violence protection injunction or written pretrial no-contact order against that person; if the person being removed is a child or grandchild or in the lawful custody or guardianship of the person against whom force is used; or if that person is a peace officer or Department of Corrections employee entering in the performance of official duties. A person who unlawfully and by force enters or attempts to enter another's home or habitation is presumed to be doing so with the intent to commit an unlawful act involving force or violence. 'Habitation' includes any structure designed or adapted for overnight accommodation, including buildings, modular units, trailers, campers and tents. Civil immunity: a person who uses reasonable defensive force under W.S. 6-2-602 is immune from civil action for that force; the person may obtain a pretrial hearing and the court shall award reasonable attorney fees, court costs, lost income and other expenses if it finds the person immune. |
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FAQ
Is Wyoming a stand your ground state?
Stand your ground. A person who is attacked in any place where the person is lawfully present shall not have a duty to retreat before using reasonable defensive force, provided that he is not the initial aggressor and is not engaged in illegal activity. Defensive force is reasonable when it is the force a reasonable person in like circumstances would judge necessary to prevent an injury or loss, and no more, including deadly force if necessary to prevent imminent death or serious bodily injury to the person or another; 'necessary to prevent' includes an honest belief that the danger exists, whether real or apparent. A person who uses reasonable defensive force shall not be criminally prosecuted for that use of force.
Does Wyoming have a castle doctrine?
A person is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury when using defensive force, including deadly force, if the intruder was unlawfully and forcefully entering, or had unlawfully and forcibly entered, another's home or habitation (or was removing or attempting to remove another against his will from it), and the person using force knew or had reason to believe an unlawful and forcible entry or act was occurring. The presumption does not apply if the person against whom force is used has a right to be in or is a lawful resident of the home (such as an owner, lessee or titleholder) and there is no domestic-violence protection injunction or written pretrial no-contact order against that person; if the person being removed is a child or grandchild or in the lawful custody or guardianship of the person against whom force is used; or if that person is a peace officer or Department of Corrections employee entering in the performance of official duties. A person who unlawfully and by force enters or attempts to enter another's home or habitation is presumed to be doing so with the intent to commit an unlawful act involving force or violence. 'Habitation' includes any structure designed or adapted for overnight accommodation, including buildings, modular units, trailers, campers and tents. Civil immunity: a person who uses reasonable defensive force under W.S. 6-2-602 is immune from civil action for that force; the person may obtain a pretrial hearing and the court shall award reasonable attorney fees, court costs, lost income and other expenses if it finds the person immune.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.