Wyoming Manslaughter Laws: Voluntary, Involuntary and Vehicle Deaths

Wyoming has one manslaughter statute, W.S. 6-2-105, under which a person is guilty of manslaughter if he "unlawfully kills any human being without malice, expressed or implied," either voluntarily, upon a sudden heat of passion, or involuntarily but recklessly. Both forms are felonies punishable by not more than 20 years in the penitentiary; below them, criminally negligent homicide (6-2-107) and homicide by vehicle (6-2-106(a)) carry up to one year, while aggravated homicide by vehicle (6-2-106(b)) carries up to 20 years.

For the rules in other states, see our guide to manslaughter laws by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Wyoming statutes on homicide below murder: manslaughter (W.S. 6-2-105), homicide by vehicle and aggravated homicide by vehicle (6-2-106), criminally negligent homicide (6-2-107), drug induced homicide (6-2-108), the pregnant-victim sentencing rule (6-2-109), and related sentencing and traffic statutes. It does not cover first- or second-degree murder sentencing (see how long a life sentence is in Wyoming and our overview of murder sentencing guidelines), self-defense (see Wyoming self-defense laws), civil lawsuits by surviving family (see Wyoming wrongful death law), or federal offenses, which the manslaughter laws hub covers.

What is manslaughter in Wyoming?

The full offense reads:

"(a) A person is guilty of manslaughter if he unlawfully kills any human being without malice, expressed or implied, either: (i) Voluntarily, upon a sudden heat of passion; or (ii) Involuntarily, but recklessly except under circumstances constituting a violation of W.S. 6-2-106(b). (b) Except as provided in W.S. 6-2-109, manslaughter is a felony punishable by imprisonment in the penitentiary for not more than twenty (20) years." W.S. 6-2-105

Two features of the text matter. Both forms share one penalty, so Wyoming law does not grade voluntary manslaughter more severely than involuntary manslaughter. And the involuntary form gives way to aggravated homicide by vehicle: a reckless killing that fits 6-2-106(b) is charged under that section, not 6-2-105.

The homicide offenses below murder in Title 6 include manslaughter (6-2-105), homicide by vehicle and aggravated homicide by vehicle (6-2-106), criminally negligent homicide (6-2-107) and drug induced homicide (6-2-108).

Wyoming manslaughter and homicide offenses at a glance

Wyoming does not sort felonies into classes. Under W.S. 6-10-101, "Crimes which may be punished by death or by imprisonment for more than one (1) year are felonies. All other crimes are misdemeanors," and when a felony statute does not set a maximum fine, the fine "shall be not more than ten thousand dollars ($10,000.00)." Section 6-2-105 sets no fine. For more on how the state grades crimes, see Wyoming felony and misdemeanor classes.

Voluntary manslaughter: sudden heat of passion

Wyoming's statute describes voluntary manslaughter in five words: a killing "Voluntarily, upon a sudden heat of passion." Section 6-2-105 contains no definition of provocation or heat of passion and no provision on gay or trans panic claims.

What separates voluntary manslaughter from murder is malice. Second-degree murder, by contrast, is a killing done "purposely and maliciously, but without premeditation," punishable by "any term not less than twenty (20) years, or during life" (W.S. 6-2-104(a)). That section contains no heat-of-passion reduction of its own.

Self-defense and justification are separate questions; our page on Wyoming self-defense laws covers them.

Involuntary manslaughter and criminally negligent homicide

The line between these two offenses is the mental state, and the gap in punishment is large: involuntary manslaughter carries up to 20 years, criminally negligent homicide up to one year. Wyoming's criminal code defines both terms in W.S. 6-1-104(a):

"(iii) 'Criminal negligence' is defined as the following conduct: A person acts with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, he fails to perceive a substantial and unjustifiable risk that the harm he is accused of causing will occur, and the harm results. ... (ix) 'Recklessly' is defined as the following conduct: A person acts recklessly when he consciously disregards a substantial and unjustifiable risk that the harm he is accused of causing will occur, and the harm results. The risk shall be of such nature and degree that disregarding it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation;"

A reckless person is aware of the risk and disregards it. A criminally negligent person fails to perceive it. Criminally negligent homicide itself reads:

"(a) Except under circumstances constituting a violation of W.S. 6-2-106, a person is guilty of criminally negligent homicide if he causes the death of another person by conduct amounting to criminal negligence. (b) Criminally negligent homicide is a misdemeanor punishable by imprisonment for not more than one (1) year, a fine of not more than two thousand dollars ($2,000.00), or both." W.S. 6-2-107

Vehicular homicide and DUI deaths in Wyoming

Wyoming does not use the terms vehicular manslaughter or DUI manslaughter. A death caused by driving falls under W.S. 6-2-106, which has two offenses with very different penalties.

Homicide by vehicle (criminal negligence)

"(a) Except as provided in subsection (b) of this section, a person is guilty of homicide by vehicle and shall be fined not more than two thousand dollars ($2,000.00) or imprisoned in the county jail for not more than one (1) year, or both, if he operates or drives a vehicle in a criminally negligent manner, and his conduct is the proximate cause of the death of another person." W.S. 6-2-106(a)

In a prosecution under subsection (a), evidence of a violation of any state law or ordinance on vehicle operation or traffic is admissible, except evidence of a violation of W.S. 10-6-103, 31-5-233 and 41-13-206, the three statutes listed in the aggravated offense.

Aggravated homicide by vehicle (impairment-statute violations or reckless driving)

"(b) A person is guilty of aggravated homicide by vehicle and shall be punished by imprisonment in the penitentiary for not more than twenty (20) years, if: (i) While operating or driving a vehicle in violation of W.S. 10-6-103, 31-5-233 or 41-13-206, he causes the death of another person and the violation is the proximate cause of the death; or (ii) He operates or drives a vehicle in a reckless manner, and his conduct is the proximate cause of the death of another person." W.S. 6-2-106(b)

Section 31-5-233 is Wyoming's driving-under-the-influence statute, and the statute under which ignition interlock restricted licenses are issued, and 6-2-106(d) provides that a person convicted of aggravated homicide by vehicle for a death caused while driving in violation of 31-5-233 "shall not be issued an ignition interlock restricted license under W.S. 31-5-233 or 31-7-401 through 31-7-404." The statute sets no mandatory minimum term for either vehicle offense. For DUI penalties when no one is killed, see Wyoming DUI laws.

Boats and aircraft

The criminal code's definition of vehicle is broad: "'Vehicle' means any device by which persons or property may be moved, carried or transported over land, water or air" (W.S. 6-1-104(a)(xi)). Section 6-2-106 uses that term, so by its words it is not limited to cars and trucks. Section 6-2-106(b)(i) also names the aircraft and watercraft impairment statutes: 10-6-103, which bars acting as a crew member of a civil aircraft "within eight (8) hours after the consumption of any alcoholic beverage, or while under the influence," and 41-13-206, which prohibits operation of a watercraft by an intoxicated or drugged person.

License revocation

Under 6-2-106(c), the department of transportation "shall revoke the license or permit to drive and the nonresident operating privilege of any person convicted of aggravated homicide by vehicle or of homicide by vehicle." W.S. 31-7-127 lists a "Conviction under W.S. 6-2-106 or a similar statute in another jurisdiction" among the grounds for mandatory revocation, and 31-7-127(b) sets the period for that ground at one year.

Leaving the scene, fleeing police, racing and suspended drivers

• Leaving the scene: a driver involved in an accident resulting in injury to or death of any person must stop and remain at the scene until the duties of 31-5-1103 are met (W.S. 31-5-1101(a)). A person failing to do so "shall, upon conviction, be imprisoned not more than one (1) year, fined not more than five thousand dollars ($5,000.00), or both" (31-5-1101(b)); the section has no higher tier when the accident causes a death. A conviction also requires a one-year license revocation (31-7-127(a)(iv), (b)). See Wyoming hit-and-run laws.
• Fleeing or eluding police: W.S. 31-5-225 has no death tier. Its aggravated form is a felony punishable by a fine of up to $5,000, up to five years, or both (31-5-225(d)).
• Racing: Title 31 addresses speed or acceleration contests only for commercial vehicle operators (31-18-705), with no death tier.
• Driving while suspended or revoked: 31-7-134 has no death tier.

A death in any of those situations is charged, where the elements fit, under 6-2-106 or the general homicide statutes.

Drug induced homicide

W.S. 6-2-108 is a stand-alone offense, limited by the defendant's age and the victim's age:

"(a) A person is guilty of drug induced homicide if: (i) He is an adult or is at least four (4) years older than the victim; and (ii) He violates W.S. 35-7-1031(a)(i) or (ii) or (b)(i) or (ii) by unlawfully delivering a controlled substance to a minor and that minor dies as a result of the injection, inhalation, ingestion or administration by any other means of any amount of that controlled substance. (b) Except as provided in W.S. 6-2-109, drug induced homicide is a felony punishable by imprisonment in the penitentiary for not more than twenty (20) years."

Both conditions in (a) must be met. A 2023 bill to widen the offense, SF0181, failed on third reading in the House.

Unborn and pregnant victims

Wyoming's unborn-victim offenses are murder offenses: murder in the first degree of an unborn child (W.S. 6-2-101(d)) and murder in the second degree of an unborn child (6-2-104(b)). Under 6-2-104(b), a person is guilty of the second-degree form if the person "purposely and maliciously, but without premeditation, kills or attempts to kill any human being," the human being "was pregnant with an unborn child," and "the unborn child dies as a result of the person's actions." Neither 6-2-105 nor 6-2-106 contains an unborn-victim form.

For manslaughter, the pregnancy of the person killed is a sentencing matter. Under W.S. 6-2-109(a), when a defendant is convicted under 6-2-104(a), 6-2-105 or 6-2-108, "if the jury has found that the victim was pregnant at the time of the commission of the offense and that the defendant knew that the victim was pregnant at the time of the commission of the offense," the sentence for manslaughter or drug induced homicide is "imprisonment in the penitentiary for any term not less than ten (10) years and not more than thirty (30) years" (6-2-109(a)(ii)).

Other offenses graded by a resulting death

• Aggravated arson: W.S. 6-3-101(c)-(d); maliciously starting a fire or causing an explosion with intent to destroy an occupied structure, under circumstances evidencing reckless disregard for human life, where serious bodily injury or death occurs to another person; felony, up to 30 years.
• False report of an emergency resulting in death: W.S. 6-5-210(a)(iv); a false report that results in the death of any person is manslaughter, punishable as provided in 6-2-105 (up to 20 years).

Sentencing rules that apply to manslaughter

Indeterminate terms. For a felony, the court "shall not fix a definite term of imprisonment but shall establish a maximum and minimum term within the limits authorized for the statute violated," and the minimum may not be "greater than ninety percent (90%) of the maximum term imposed" (W.S. 7-13-201).

Probation. Under W.S. 7-13-302(a), after a conviction or plea "for any offense, except crimes punishable by death or life imprisonment," the court may suspend the sentence and place the defendant on supervised or unsupervised probation. A felony probation term "shall in no case exceed thirty-six (36) months," except that the judge may impose a longer term, up to the maximum prison term for the offense, for good cause shown on the record (7-13-302(b)).

Habitual criminals. Manslaughter is a violent felony under W.S. 6-1-104(a)(xii). A person convicted of a violent felony who has been convicted of a felony on two or more previous charges separately brought and tried, arising out of separate occurrences, is an habitual criminal punishable by 10 to 50 years with two previous convictions, or by life with three or more previous convictions for offenses committed after age 18 (6-10-201). The information or indictment must allege the previous convictions (6-10-203(a)).

Recent changes

2021 SF0096 (ch. 116), effective July 1, 2021, amended the definitions in 6-1-104(a), the murder sections 6-2-101 and 6-2-104, and 6-2-109; its change to 6-2-109 updated the cross-reference to 6-2-104. Two later bills on these offenses did not become law: 2022 HB0150 (manslaughter amendments) was not considered for introduction, and 2023 SF0181 (drug induced homicide) failed on third reading in the House.

Federal law, 18 U.S.C. 1112, separately covers manslaughter on federal land and in other federal jurisdictions; the manslaughter laws hub explains it.

Related pages

• Manslaughter laws by state
• Wyoming felony and misdemeanor classes
• Wyoming DUI laws
• Wyoming hit-and-run laws
• The difference between murder, homicide and manslaughter
• Colorado manslaughter laws
• Utah manslaughter laws

This article provides general legal information about Wyoming law as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Wyoming.

Last updated: 2026-10-17.

Frequently Asked Questions

Is manslaughter a felony in Wyoming?

Yes. Both forms of manslaughter under W.S. 6-2-105, voluntary and involuntary, are felonies punishable by not more than 20 years in the penitentiary. Criminally negligent homicide (6-2-107) and homicide by vehicle (6-2-106(a)) are not felonies; each carries up to one year.

What is the sentence for manslaughter in Wyoming?

Up to 20 years in the penitentiary under 6-2-105(b). The court sets a minimum and a maximum term, and the minimum may not be greater than 90 percent of the maximum imposed (7-13-201). If the jury finds the victim was pregnant and the defendant knew it, the range is 10 to 30 years (6-2-109(a)(ii)). An habitual-criminal finding under 6-10-201 raises the range to 10 to 50 years or life.

What is the difference between voluntary and involuntary manslaughter in Wyoming?

Both are unlawful killings without malice under 6-2-105. Voluntary manslaughter is a killing upon a sudden heat of passion; involuntary manslaughter is a killing done involuntarily but recklessly, outside the circumstances that make up aggravated homicide by vehicle.

What is the charge for a DUI death in Wyoming?

A death proximately caused by a violation of W.S. 31-5-233 while operating or driving a vehicle is aggravated homicide by vehicle under 6-2-106(b)(i), punishable by up to 20 years. The driver's license must be revoked (6-2-106(c)), and no ignition interlock restricted license may be issued (6-2-106(d)).

What is homicide by vehicle in Wyoming?

Under 6-2-106(a), it is operating or driving a vehicle in a criminally negligent manner where that conduct is the proximate cause of another person's death. The penalty is a fine of up to $2,000, up to one year in the county jail, or both.

What is criminally negligent homicide in Wyoming?

Causing the death of another person by conduct amounting to criminal negligence, except where the vehicle homicide statute applies (6-2-107). Criminal negligence means failing, through a gross deviation from the standard of care a reasonable person would exercise, to perceive a substantial and unjustifiable risk of the harm (6-1-104(a)(iii)). It is a misdemeanor of up to one year and $2,000.

Does Wyoming ban the gay or trans panic defense?

No Wyoming statute addresses it. Section 6-2-105(a)(i) says only that voluntary manslaughter is a killing 'upon a sudden heat of passion' and contains no definition of provocation.

Can a person get probation for manslaughter in Wyoming?

Under 7-13-302(a), a court may suspend a sentence and order probation after conviction for any offense except crimes punishable by death or life imprisonment. A felony probation term generally may not exceed 36 months unless the judge finds good cause on the record (7-13-302(b)).