WY 6-2-602. Use of force in self defense.

WY 6-2-602. Use of force in self defense.

State: Wyoming

 

Wyoming Statutes (W.S.)

TITLE 6. CRIMES AND OFFENSES

CHAPTER 1. GENERAL PROVISIONS

ARTICLE 6 – JUSTIFICATION

6-2-602. Use of force in self defense.

(a) A person is presumed to have held a reasonable fear of imminent peril of death or serious bodily injury to himself or another when using defensive force that is intended or likely to cause death or serious bodily injury to another if:

(i) The intruder against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, another’s home or habitation or, if that intruder had removed or was attempting to remove another against his will from his home or habitation; and

(ii) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring.

(b) The presumption set forth in subsection (a) of this section does not apply if:

(i) The person against whom the defensive force is used has a right to be in or is a lawful resident of the home or habitation, such as an owner, lessee or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person;

(ii) The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or

(iii) The person against whom the defensive force is used is a peace officer who enters or attempts to enter another’s home or habitation in the performance of his official duties.

(c) 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.

(d) As used in this section:

(i) “Habitation” means any structure which is designed or adapted for overnight accommodation, including, but not limited to, buildings, modular units, trailers, campers and tents;

(ii) “Home” means any occupied residential dwelling place.

By | 2013-01-11T15:49:54+00:00 January 11th, 2013|Comments Off on WY 6-2-602. Use of force in self defense.