Wyoming Statutes Annotated
Title 6 Crimes and Offenses (Chs. 1 — 10)
Chapter 1 General Provisions (Arts. 1 — 3)
Article 2. Liability (§§ 6-1-201 — 6-1-205)
§ 6-1-204. Immunity from civil action for justifiable use of force; attorney fees.
(a) Except as provided by W.S. 6-1-103(a), a person who uses reasonable defensive force pursuant to W.S. 6-2-602 is immune from civil action for the use of the force.
(b) In a civil action filed against a person related to the person’s use of defensive force, the person may file a motion with the court asserting that the person used reasonable defensive force under W.S. 6-2-602. Upon the filing of the motion the court shall hold a hearing prior to trial and shall grant the person’s motion if he proves by a preponderance of the evidence that he used reasonable defensive force under W.S. 6-2-602.
(c) A court shall award reasonable attorney fees, court costs, compensation for any loss of income and all other expenses incurred by a person in defense of any civil action arising from the person’s use of reasonable defensive force pursuant to W.S. 6-2-602 if the court finds that the defendant is immune from civil action under subsection (a) of this section.
[Previous Version]
NOTE: Extensively modified, effective July 1, 2018. Previous version found below.
Wyoming Statutes (W.S.)
TITLE 6. CRIMES AND OFFENSES
CHAPTER 1. GENERAL PROVISIONS
ARTICLE 1 – IN GENERAL
6-1-204. Immunity from civil action for justifiable use of force; attorney fees.
(a) Except as provided by W.S. 6-1-103(a), a person who uses reasonable defensive force pursuant to W.S. 6-2-602 is immune from civil action for the use of the force.
(b) In a civil action filed against a person related to the person’s use of defensive force, the person may file a motion with the court asserting that the person used reasonable defensive force under W.S. 6-2-602. Upon the filing of the motion the court shall hold a hearing prior to trial and shall grant the person’s motion if he proves by a preponderance of the evidence that he used reasonable defensive force under W.S. 6-2-602.
(c) A court shall award reasonable attorney fees, court costs, compensation for any loss of income and all other expenses incurred by a person in defense of any civil action arising from the person’s use of reasonable defensive force pursuant to W.S. 6-2-602 if the court finds that the defendant is immune from civil action under subsection (a) of this section.
PREVIOUS VERSION, PRE-July 1, 2018: ;
6-1-204. Immunity from civil action for justifiable use of force.
Except as provided by W.S. 6-1-103(a), a person who uses force as reasonably necessary in defense of his person, property or abode or to prevent injury to another is immune from civil action for the use of the force.
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