Title 06 · WY
7-9-101 through 7-9-115, the court may include, as part of its
Citation: Wyo. Stat. § 7-9-101
Section: 7-9-101
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.
ARTICLE 10 - ANIMAL ABUSE
6-3-1001. Definitions.
(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.
6-3-1002. Cruelty to animals.
(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. 6-3-1004. Penalties; misdemeanor offenses.
(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).
6-3-1005. Felony cruelty to animals; penalty.
(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).
6-3-1006. Additional remedies, generally.
(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.
6-3-1007. Separate counts.
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.
6-3-1010. Impounding and forfeiture hearing.
(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.