# Wyo. Stat. § 6-2-101: Murder in the first degree; penalty

> Wyoming · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_WY_T6_C2_S6-2-101

## Section

- **Citation:** Wyo. Stat. § 6-2-101
- **Heading:** Murder in the first degree; penalty
- **Jurisdiction:** Wyoming
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Wyoming Code / Title 6 / Chapter 2 / Section 6-2-101

## Text

(a) Whoever purposely and with premeditated malice, or in the perpetration of, or attempt to perpetrate, any sexual assault, sexual abuse of a minor, arson, robbery, burglary, escape, resisting arrest, kidnapping or abuse of a child under the age of sixteen (16) years, kills any human being is guilty of murder in the first degree.

(b) A person convicted of murder in the first degree shall be punished by death, life imprisonment without parole or life imprisonment according to law, except that a person convicted of murder in the first degree who was under the age of eighteen

(18) years at the time of the offense shall be punished by life imprisonment.

(c) A person convicted of murder in the first degree in a case in which the state seeks the death penalty shall be sentenced in accordance with the provisions of W.S. 6-2-102. In all other cases, including any case in which the state has determined not to seek the death penalty at any stage of the proceeding, the judge shall determine the sentence of life imprisonment without parole or life imprisonment taking into consideration any negotiated plea agreement and any evidence relevant to a determination of sentence which the court deems to have probative value.

(d) A person is guilty of murder in the first degree of an unborn child, punishable as provided for other convictions of murder in the first degree, if:

(i) The person purposely and with premeditated malice, or in the perpetration of, or attempt to perpetrate, any sexual assault, sexual abuse of a minor, arson, robbery, burglary, escape, resisting arrest, kidnapping or abuse of a child under the age of sixteen (16) years, kills or attempts to kill any human being;

(ii) The human being was pregnant with an unborn child; and

(iii) The unborn child dies as a result of the person's actions.

## Nearby sections

- [Wyo. Stat. § 6-2-101 Murder in the first degree; penalty](https://www.frixlaw.com/law-library/statutes/STATE_WY_T6_C2_S6-2-101.md)
- [Wyo. Stat. § 6-2-102 Presentence hearing for murder in the first degree; mitigating and aggravating circumstances; effect of error in hearing](https://www.frixlaw.com/law-library/statutes/STATE_WY_T6_C2_S6-2-102.md)
- [Wyo. Stat. § 6-2-103 Review of death sentences; notice from clerk of trial court; factors to be considered by supreme court; disposition of appeal](https://www.frixlaw.com/law-library/statutes/STATE_WY_T6_C2_S6-2-103.md)
- [Wyo. Stat. § 6-2-104 § 6-2-104. Murder in the second degree; penalty](https://www.frixlaw.com/law-library/statutes/STATE_WY_T6_C2_S6-2-104.md)
- [Wyo. Stat. § 6-2-105 Manslaughter; penalty](https://www.frixlaw.com/law-library/statutes/STATE_WY_T6_C2_S6-2-105.md)
- [Wyo. Stat. § 6-2-106 § 6-2-106. Homicide by vehicle; aggravated homicide by vehicle; penalties](https://www.frixlaw.com/law-library/statutes/STATE_WY_T6_C2_S6-2-106.md)
- [Wyo. Stat. § 6-2-107 Criminally negligent homicide](https://www.frixlaw.com/law-library/statutes/STATE_WY_T6_C2_S6-2-107.md)
- [Wyo. Stat. § 6-2-108 Drug induced homicide; penalty](https://www.frixlaw.com/law-library/statutes/STATE_WY_T6_C2_S6-2-108.md)
- [Wyo. Stat. § 6-2-109 Sentencing enhancement for the homicide of a pregnant woman](https://www.frixlaw.com/law-library/statutes/STATE_WY_T6_C2_S6-2-109.md)
- [Wyo. Stat. § 6-2-201 Kidnapping; penalties; effect of release of victim](https://www.frixlaw.com/law-library/statutes/STATE_WY_T6_C2_S6-2-201.md)
- [Wyo. Stat. § 6-2-202 Felonious restraint; penalty](https://www.frixlaw.com/law-library/statutes/STATE_WY_T6_C2_S6-2-202.md)
- [Wyo. Stat. § 6-2-203 § 6-2-203. False imprisonment; penalties](https://www.frixlaw.com/law-library/statutes/STATE_WY_T6_C2_S6-2-203.md)
- [Wyo. Stat. § 6-2-204 Interference with custody; presumption of knowledge of child's age; affirmative defenses; penalties](https://www.frixlaw.com/law-library/statutes/STATE_WY_T6_C2_S6-2-204.md)
- [Wyo. Stat. § 6-2-301 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_WY_T6_C2_S6-2-301.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_WY_T6_C2_S6-2-101. Check the current official text before relying on it. Not legal advice.
