Wyoming Embezzlement and Forgery Laws: Theft Penalties (2026)

Wyoming's criminal code has no offense named embezzlement. A person who holds someone else's property and then keeps it or uses it "without authorization or by deception," intending to deprive the owner, commits theft under W.S. 6-3-402: generally a felony carrying up to 10 years and $10,000 when the property is worth $1,000 or more, and a misdemeanor carrying up to 1 year and $1,500 below that.

Theft is also a felony at any value for a firearm or listed livestock, or on a third theft conviction. A public servant who fails or refuses to account for and pay over property received through the office commits a separate felony (W.S. 6-5-111), and forgery, including uttering, is a felony with up to 10 years and $10,000 whatever the amount (W.S. 6-3-602). For other states, see our guide to embezzlement and forgery laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Wyoming Statutes on theft as it applies to embezzlement (W.S. 6-3-401, 6-3-402), public-servant offenses and removal from office (6-5-101 to 6-5-104, 6-5-107, 6-5-108, 6-5-110, 6-5-111, 6-5-113, 6-5-117), exploitation of a vulnerable adult (6-2-507, 35-20-102), the forgery and fraud articles (6-3-601 to 6-3-615, 6-3-702), filing false documents (6-5-308), two of the statutes outside Title 6 that use the word embezzlement (9-4-104, 26-9-229), penalty rules and rights lost on a felony conviction (6-10-101 to 6-10-103, 6-10-106, 6-10-201), restitution (7-9-102) and Article 15, section 8 of the Wyoming Constitution. It does not cover the full theft rules (see Wyoming theft laws), identity theft, scams and victim reporting, time limits for prosecution, federal offenses, civil lawsuits or local ordinances.

What is embezzlement in Wyoming?

In Wyoming, embezzlement is a form of theft. The state has no common-law crimes: "Common-law crimes are abolished. No conduct constitutes a crime unless it is described as a crime in this act or in another statute of this state" (W.S. 6-1-102(a)). Title 6, the criminal code, has no section that defines embezzlement, so the conduct is prosecuted under the theft statute.

W.S. 6-3-402(a) reaches a person who keeps or controls property already in his hands:

"A person is guilty of theft if he knowingly takes, obtains, procures, retains or exercises control over or makes an unauthorized transfer of an interest in the property of another person without authorization or by threat or by deception, or he receives, loans money by pawn or pledge on or disposes of the property of another person that he knew or reasonably should have known was stolen, and he: (i) Intends to deprive the other person of the use or benefit of the property; (ii) Knowingly uses, receives, conceals, abandons or disposes of the property in such manner as to deprive the other person of its use or benefit; or (iii) Demands anything of value to which he has no legal claim as a condition for returning or otherwise restoring the property to the other person."

The words "retains or exercises control over" are what bring an employee, agent or other person who lawfully received property within the theft statute. In the theft article, "deprive" means "(A) To withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic value or with intent to restore only upon payment of reward or other compensation; or (B) To dispose of the property so as to make it unlikely that the owner will recover it" (W.S. 6-3-401(a)(ii)). "Property" means "anything of value whether tangible or intangible, real or personal, public or private" (W.S. 6-1-104(a)(viii)), and in the theft article it "also includes services" (W.S. 6-3-401(a)(iv)).

Statutes outside the criminal code that use the word

Several statutes outside Title 6 use the word embezzlement, including a probate section (W.S. 2-7-411), the search-warrant statute (W.S. 7-7-101) and some licensing provisions. Others deal with people holding someone else's property, such as W.S. 2-3-127, which lets a court suspend a personal representative who "has wasted, embezzled or mismanaged" estate property. Two examples are:

• Insurance producers (W.S. 26-9-229). Premiums received by an insurance producer "are trust funds received in a fiduciary capacity," and "Any insurance producer who diverts or appropriates any funds, to which he is not lawfully entitled, to his own use is guilty of embezzlement and upon conviction shall be punished as provided by law" (W.S. 26-9-229(a), (c)). The section sets no penalty of its own.
• Public officers' salaries (W.S. 9-4-104). If an officer "having the custody of public funds, embezzles the funds," the officer who audits salary claims "may withhold the salary due to the officer, until the embezzlement, if any, is satisfied," and must withhold it if the director of the state department of audit "determines that any embezzlement exists." This is a withholding remedy, not a criminal offense.

Is embezzlement a felony in Wyoming?

Generally yes at $1,000 or more. Under W.S. 6-3-402(c), "Except as provided in subsections (g) and (j) of this section," theft is:

• "(i) A felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both, if the value of the property is one thousand dollars ($1,000.00) or more or if the property is a firearm, horse, mule, sheep, cattle, buffalo or swine regardless of value";
• "(iii) A misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand five hundred dollars ($1,500.00), or both, if the value of the property is less than one thousand dollars ($1,000.00)."

The felony line is "one thousand dollars ($1,000.00) or more," so property worth exactly $1,000 is felony theft. For shoplifting and other theft rules, see Wyoming theft laws.

Repeat theft

A third theft conviction is a felony regardless of value. W.S. 6-3-402(j): "Any person convicted of a third or subsequent offense for theft, shoplifting, larceny, wrongful taking of property, wrongful disposal of property or livestock rustling, any other theft offense under this section, any theft offense under a municipal ordinance or any theft offense pursuant to a substantially similar law of another jurisdiction separately brought and tried shall be guilty of a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both."

Adding takings together

W.S. 6-3-402(h): "The amount of property involved in violations of this section committed pursuant to a common scheme or the same transaction, whether the property is taken from the same person or different persons, may be aggregated in determining the value of the property." The statute says "may," so aggregation is permitted, not required.

Public servants and public money

Failure to account for and pay over property (W.S. 6-5-111)

This is Wyoming's closest equivalent to a public-funds embezzlement felony, and it has no value threshold: "A public servant who fails or refuses to account for, deliver and pay over property received by virtue of the office, when legally required by the proper person or authority is guilty of a felony punishable by imprisonment for not more than five (5) years, a fine of not more than five thousand dollars ($5,000.00), or both."

"Public servant" means "any public officer, employee of government, or any person participating, as juror, witness, advisor, consultant or otherwise, in performing a governmental function," and "government" includes "any branch, subdivision or agency of the state of Wyoming or any city, town, county, school district or special district within it" (W.S. 6-5-101(a)(i), (vi)).

Wrongful appropriation of public property (W.S. 6-5-110)

This offense covers temporary use, not permanent taking. A public servant who comes into possession of government property "and who, with intent temporarily to deprive the owner of its use and benefit, converts any of the public property to his own use or any use other than the public use authorized by law is guilty of wrongful appropriation of public property." It is "a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than one thousand dollars ($1,000.00), or both."

Subsection (c) states that the section "shall not apply to limited use of government property or resources for personal purposes if the use does not interfere with the performance of a governmental function and either the cost or value related to the use is de minimis or the public servant reimburses the government for the cost of the use." A public servant who intends to keep the property permanently falls under the theft statute instead.

Official misconduct and false official certificates

• Official misconduct (W.S. 6-5-107(a)): a public servant who, "with intent to obtain a pecuniary benefit or maliciously to cause harm to another," knowingly acts beyond the office's authority, "Refrains from performing a duty imposed upon him by law," or "Violates any statute relating to his official duties" commits "a misdemeanor punishable by a fine of not more than five thousand dollars ($5,000.00)."
• False official certificate (W.S. 6-5-108(a)): a public servant who makes and issues an official certificate or other official written instrument "containing a statement which he knows to be false with intent to obtain a benefit or maliciously to cause harm to another" commits a felony punishable by up to ten years, $10,000, or both.

Removal from office

W.S. 6-5-113: "A judgment of conviction rendered under W.S. 6-5-102 through 6-5-112 and 6-5-117 against any public servant, except state elected officials, supreme court justices, district court judges and circuit court judges, shall result in removal from office or discharge from employment." That range includes official misconduct, wrongful appropriation and failure to pay over property. It also includes bribery (6-5-102), compensation for past official behavior (6-5-103) and soliciting unlawful compensation (6-5-104), each a felony with up to 10 years and $5,000, and a public officer demanding a kickback from a deputy (6-5-117), a felony with up to 3 years and $5,000.

The Wyoming Constitution

Article 15, section 8 provides: "The making of profit, directly or indirectly, out of state, county, city, town or school district money or other public fund, or using the same for any purpose not authorized by law, by any public officer, shall be deemed a felony, and shall be punished as provided by law." The constitution also disqualifies a person convicted of bribery or corrupt solicitation from office (art. 3, sec. 44) and excludes people convicted of felonies from voting unless their rights are restored (art. 6, sec. 6).

By statute, "A person convicted of a felony is incompetent to be an elector or juror or to hold any office of honor, trust or profit within this state or to use or knowingly possess any firearm," unless the conviction is reversed or annulled, the person is pardoned, or rights are restored under W.S. 7-13-105. Restoring voting rights alone leaves the juror and office bar in place (W.S. 6-10-106(a)).

Exploitation of a vulnerable adult

Financially exploiting a vulnerable adult is a separate crime. W.S. 6-2-507(d): "Exploitation of a vulnerable adult is a felony punishable by not more than ten (10) years in prison, a fine of not more than ten thousand dollars ($10,000.00), or both, and registration of the offender's name on the central registry." Under 6-2-507(b), "Reckless abuse, neglect, abandonment, intimidation or exploitation of a vulnerable adult is a misdemeanor," punishable by up to one year in jail, a $1,000 fine, or both, and registration on the central registry.

The definitions come from the adult protective services act. "Exploitation" means "the reckless or intentional act taken by any person, or any use of the power of attorney, conservatorship or guardianship of a vulnerable adult, to: (A) Obtain control through deception, harassment, intimidation or undue influence over the vulnerable adult's money, assets or property with the intention of permanently or temporarily depriving the vulnerable adult of the ownership, use, benefit or possession of his money, assets or property" (W.S. 35-20-102(a)(ix)). A "vulnerable adult" is "any person eighteen (18) years of age or older who is unable to manage and take care of himself or his money, assets or property without assistance as a result of advanced age or physical or mental disability" (W.S. 35-20-102(a)(xviii)).

The theft statute itself has no reclassification based on the victim's age. For warning signs and where to report, see our guide to elder financial exploitation.

Forgery in Wyoming

What counts as forgery

W.S. 6-3-602(a): "A person is guilty of forgery if, with intent to defraud, he: (i) Alters any writing of another without authority; (ii) Makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act, or to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed; or (iii) Utters any writing which he knows to be forged in a manner specified in paragraphs (i) or (ii) of this subsection."

Uttering a known forgery is part of the same offense. "Writing" in the forgery article is broad: "printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right, privilege or identification" (W.S. 6-3-601).

The penalty

Forgery is not graded by value or by type of document. "Except as provided in subsection (c) of this section, forgery is a felony punishable by imprisonment for not more than ten (10) years, a fine of not more than ten thousand dollars ($10,000.00), or both" (W.S. 6-3-602(b)). Subsection (c) makes forgery a misdemeanor, with up to six months and $750, only if the writing is a "(i) Permit required by W.S. 11-21-102 through 11-21-104; or (ii) Number or check number placed on a car or pit car in or about a mine."

Readers dealing with a forged or washed check as victims can start with our guide to mail theft and check washing.

Possession of forged writings and forgery devices

W.S. 6-3-603(a) makes it a felony punishable by up to five years, $5,000, or both, if a person "(i) Possesses a writing knowing it is forged in a manner specified in W.S. 6-3-602(a)(i) or (ii) and intending to utter or pass it to defraud another person; (ii) With intent to commit forgery, makes or knowingly possesses a die, plate, apparatus, paper, metal, machine or other thing used to forge writings."

Wills and government records

W.S. 6-3-604(a) makes it a felony punishable by up to ten years, $10,000, or both, to fraudulently steal, alter, deface, destroy or secrete "(i) An executed will, codicil or other testamentary instrument; or (ii) A part or all of a government record."

The rest of the forgery and fraud article

• Contractor's false payment affidavit (W.S. 6-3-608(b)): a contractor who takes an owner's money and gives an affidavit "that all materialmen and subcontractors have been paid when he knows all materialmen and subcontractors have not been paid is guilty of a felony and shall be sentenced to not more than five (5) years in the penitentiary, fined not more than ten thousand dollars ($10,000.00), or both." Subsection (a) makes using credit-purchased materials on a different job a misdemeanor.
• False financial statement (W.S. 6-3-612(a)): knowingly making or using "a false written statement of the financial condition of himself or another person" to obtain property, cash, a loan or credit is a felony punishable by up to five years and a fine of up to "five thousand dollars ($5,000.00) or the amount of the credit sought or obtained, whichever is greater." A false ownership statement to a pawnbroker under subsection (b) is a misdemeanor.
• False statements about the value of shares, bonds or property (W.S. 6-3-613): a felony punishable by up to five years, $10,000, or both.
• Defrauding creditors (W.S. 6-3-607): a felony punishable by up to ten years and $10,000 at $1,000 or more and a misdemeanor below, with its own aggregation clause in subsection (c).
• Other sections in the article: coin-machine slugs (6-3-605, misdemeanor, up to six months and $750); impersonating a peace officer (6-3-606, up to one year and $1,000); sports bribery (6-3-609, felony, up to five years and $5,000); mislabeling and false advertising (6-3-610, 6-3-611, misdemeanors, fine up to $750); defrauding drug and alcohol screening tests (6-3-614); and using false documents to conceal identity or status to obtain public resources (6-3-615, misdemeanor, up to six months and $1,000; see Wyoming identity theft laws for identity offenses).

Fraud by check and false filings

• Fraud by check (W.S. 6-3-702): "Any person who knowingly issues a check which is not paid because the drawer has insufficient funds or credit with the drawee has issued a fraudulent check and commits fraud by check." It is a misdemeanor punishable by up to six months and $750 under $1,000, and a felony punishable by up to ten years and $10,000 at $1,000 or more, or when the offender is convicted of fraud by check "involving two (2) or more checks issued within any sixty (60) day period in the state of Wyoming totaling one thousand dollars ($1,000.00) or more in the aggregate."
• False document filed with the secretary of state (W.S. 6-5-308(a)): a felony punishable by up to two years, $2,000, or both, for willfully or knowingly concealing a material fact, making a materially false statement, or using a false writing in a filing.

Wyoming embezzlement and forgery offenses at a glance

Sentencing rules

Wyoming has no felony classes; each statute sets its own maximum. "Crimes which may be punished by death or by imprisonment for more than one (1) year are felonies. All other crimes are misdemeanors" (W.S. 6-10-101). If a felony statute "does not establish a maximum fine, the fine shall be not more than ten thousand dollars ($10,000.00)" (W.S. 6-10-102), and "Unless a different penalty is prescribed by law, every crime declared to be a misdemeanor is punishable by imprisonment in the county jail for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both" (W.S. 6-10-103). The terms on this page are maximums. See Wyoming felony classes and misdemeanor penalties for more on how Wyoming grades offenses.

Habitual criminals. The habitual-criminal statute applies only when the new conviction is for a violent felony. Under W.S. 6-10-201(a), "A person is an habitual criminal if: (i) He is convicted of a violent felony; and (ii) He has been convicted of a felony on two (2) or more previous charges separately brought and tried which arose out of separate occurrences in this state or elsewhere." The repeat-theft rule in 6-3-402(j), above, is the separate rule aimed at repeat theft.

Restitution. "In addition to any other punishment prescribed by law the court shall, upon conviction for any misdemeanor or felony, order a defendant to pay restitution to each victim as determined under W.S. 7-9-103 and 7-9-114 unless the court specifically finds that the defendant has no ability to pay and that no reasonable probability exists that the defendant will have an ability to pay" (W.S. 7-9-102).

Recent changes

• 2026: misdemeanor theft and repeat theft. Senate File 7 (2026 Wyo. Sess. Laws ch. 11), signed February 27, 2026, amended W.S. 6-3-402. It raised the maximum for misdemeanor theft from six months and $750 to one year and $1,500, and it changed the repeat-theft felony from a fifth to a third offense. The act states, "This act is effective July 1, 2026." It did not change the $1,000 felony line or the forgery penalties.
• 2026: money laundering and AI. House Bill 43 (2026 ch. 89) created the offenses of money laundering and illegal investments (W.S. 6-3-1101 to 6-3-1103), effective July 1, 2026, and House Bill 102 (2026 ch. 91) added W.S. 6-1-206, providing that use of an artificial-intelligence system to commit an offense is not a defense, also effective July 1, 2026.

Federal law separately reaches embezzlement from banks and federal programs and mail or wire fraud schemes; those offenses are covered on our embezzlement and forgery laws by state hub. If you were the target of a fraud scheme, our Wyoming scam and fraud laws guide explains where to report it.

Related pages

• Embezzlement and forgery laws by state
• Wyoming theft laws
• Wyoming felony classes and misdemeanor penalties
• Wyoming scam and fraud laws
• Wyoming identity theft laws

This article provides general legal information about Wyoming law and is not legal advice. For advice about a specific situation, contact a lawyer licensed in Wyoming.

Last updated: 2026-10-18.

Frequently Asked Questions

Is embezzlement a felony in Wyoming?

Generally yes at $1,000 or more. Embezzlement is charged as theft under W.S. 6-3-402, a felony with up to 10 years and $10,000 at $1,000 or more, for a firearm or listed livestock at any value, or on a third theft-type conviction; below $1,000 it is a misdemeanor.

What is the penalty for embezzlement in Wyoming?

Felony theft carries up to 10 years in prison, a $10,000 fine, or both, and misdemeanor theft up to 1 year, $1,500, or both (W.S. 6-3-402(c)). The court must also order restitution unless it finds the defendant has no ability to pay now or in the future (W.S. 7-9-102).

Does Wyoming have a crime called embezzlement?

Not in the criminal code, Title 6, where the conduct is theft. Outside it, W.S. 26-9-229(c) says an insurance producer who diverts premium funds to his own use is guilty of embezzlement and is to be punished as provided by law.

Is it a crime for a public employee to keep public money in Wyoming?

Yes. A public servant who fails or refuses to account for and pay over property received through the office, when legally required, commits a felony with up to 5 years and $5,000 (W.S. 6-5-111), and most public servants convicted under 6-5-102 to 6-5-112 are removed from office (W.S. 6-5-113).

Is forgery a felony in Wyoming?

Almost always. Forgery, including uttering a writing known to be forged, is a felony with up to 10 years and $10,000 regardless of value (W.S. 6-3-602(b)); only forged permits under W.S. 11-21-102 to 11-21-104 and mine car or check numbers are misdemeanors.

Is signing someone else’s name a crime in Wyoming?

Under W.S. 6-3-602(a)(ii), forgery includes making, executing or issuing a writing so that it purports to be the act of another who did not authorize that act. The person must act with intent to defraud.