Wyoming Theft Laws: $1,000 Felony Threshold, Penalties and Shoplifting

In Wyoming, theft is a felony when the property is worth "one thousand dollars ($1,000.00) or more," punishable by up to 10 years in prison, a fine of up to $10,000, or both (W.S. 6-3-402(c)(i)). Below $1,000 it is a misdemeanor carrying up to one year and a $1,500 fine, but a third theft or shoplifting conviction is a felony at any value (W.S. 6-3-402(j)). Shoplifting is charged under the same theft statute. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-14. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Wyoming state theft law in Title 6, chapter 3, article 4 of the Wyoming Statutes (W.S. 6-3-401 to 6-3-414, 2026 edition), the civil shoplifting statute W.S. 1-1-127, theft-related fraud offenses in articles 3, 7 and 8 of the same chapter, and, only where it reaches store theft, burglary under W.S. 6-3-301. It does not cover federal theft offenses, municipal ordinances, robbery, burglary generally, or identity theft and fraud schemes, which have their own pages linked below.

What counts as theft in Wyoming

Wyoming has one consolidated theft offense. Under W.S. 6-3-402(a), "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:

• "Intends to deprive the other person of the use or benefit of the property";
• "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
• "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."

For this article, "Deprive" means "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 "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" includes services, and "Services" includes "electric, telephone, cable television, gas, water or sewer services" (W.S. 6-3-401(a)(iv), (v)).

Wyoming law does not use the terms petty theft or grand theft. The statute simply labels theft a felony or a misdemeanor.

Wyoming theft penalties and the $1,000 felony line

Because the statute says "$1,000.00 or more," property worth exactly $1,000 is felony theft.

These are the statutory maximums written into W.S. 6-3-402, not a prediction of any sentence. Wyoming's habitual criminal statute reaches a different situation: it applies when a person "is convicted of a violent felony" and "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," and it sets terms of 10 to 50 years or life (W.S. 6-10-201). A lawyer licensed in Wyoming can explain how prior convictions affect a particular case.

Third theft conviction is a felony

Under 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." Prior municipal-ordinance and out-of-state theft convictions count toward the three. The third-offense rule took effect July 1, 2026; before that date, subsection (j) applied to a "fifth or subsequent offense."

Adding thefts together

"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" (W.S. 6-3-402(h)).

Gas drive-offs

"In addition to the penalties provided in subsection (c) of this section, any person convicted of a second or subsequent offense for theft of motor vehicle fuel offered for retail sale shall have his driver's license suspended pursuant to W.S. 31-7-128(n)" (W.S. 6-3-402(g)).

Is shoplifting a felony in Wyoming?

Article 4 contains no separate shoplifting offense; its only operative sections are 6-3-401, 6-3-402, 6-3-405, 6-3-411 and 6-3-414, and sections 6-3-403, 6-3-404, 6-3-406 to 6-3-410, 6-3-412 and 6-3-413 were "Repealed by Laws 2020, ch. 90, § 3." Taking merchandise from a store is theft under W.S. 6-3-402. It is a felony when the merchandise is worth $1,000 or more, when it is a firearm, or when it is a third or subsequent theft or shoplifting conviction, and a misdemeanor otherwise.

Theft detection devices. W.S. 6-3-411 makes it a misdemeanor, punishable by up to one year, a fine up to $1,500, or both, to:

• knowingly make, sell or distribute a laminated or coated bag or device "intended to shield merchandise from detection by an electronic or magnetic theft alarm sensor";
• knowingly possess such a bag or device "with the intent to commit theft";
• knowingly possess a tool designed to remove a theft detection device from merchandise without permission, "with the intent to commit theft"; or
• intentionally remove a theft detection device "from a product prior to purchase without the permission of the merchant or person owning or holding the merchandise."

Burglary. Under W.S. 6-3-301(a), "A person is guilty of burglary if, without authority, he enters or remains in a building, occupied structure or vehicle, or separately secured or occupied portion thereof, with intent to commit theft or a felony therein." Burglary is a felony punishable by up to 10 years, a fine up to $10,000, or both (6-3-301(b)), with no value threshold. The element is entering or remaining "without authority." Burglary is otherwise outside the scope of this page.

Can a Wyoming store detain someone suspected of shoplifting?

Under W.S. 6-3-405(a), "A peace officer, merchant or merchant's employee who has reasonable cause to believe a person is violating W.S. 6-3-402 with regard to property offered for sale by a wholesale or retail store may detain and interrogate the person in regard to the suspected violation in a reasonable manner and for a reasonable time."

In a civil or criminal action "for slander, false arrest, false imprisonment, assault, battery or wrongful detention" based on such a detention, it is a defense that the officer, merchant or employee had reasonable cause and that "the detention and interrogation were conducted in a reasonable manner and for a reasonable time" (W.S. 6-3-405(b)).

Civil liability: can a store make you pay after shoplifting?

Yes. W.S. 1-1-127 lets a merchant sue in civil court:

• Who is liable. "A person over ten (10) years of age who violates W.S. 6-3-402 with regard to property offered for sale by a wholesale or retail store is civilly liable to the merchant" (subsection (a)).
• How much. "(i) Return of the property in original condition or actual damages equal to the full marked or listed price of the property; plus (ii) A civil liability of twice the amount of the full marked or listed price of the property but not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00); plus (iii) Reasonable attorney's fees and court costs" (subsection (a)).
• Parents. If an unemancipated minor takes the property, "the parents or guardian of the child shall be civilly liable as provided by subsection (a)." That does not apply to foster parents, to parents whose custody and control were terminated by court order before the violation, or to an agency appointed guardian by court order or action of the department of family services. This liability "is not subject to the limitation on liability provided by W.S. 14-2-203 or any other law that limits the liability of parents for damages caused by an unemancipated minor" (subsection (b)).
• No conviction needed. "A conviction or a plea of guilty to a violation of W.S. 6-3-402 with regard to property offered for sale by a wholesale or retail store is not a prerequisite to the bringing of a civil suit under this section" (subsection (c)).
• Where. The action "may be brought in small claims court if the total amount of the demand for damages and any civil liability does not exceed the jurisdiction of that court, or in any other appropriate court" (subsection (d)).
• Police notice. "In order to recover damages and any civil liability under this act, the merchant of the property shall also notify law enforcement officials" (subsection (e)).

The statute sets what a store can recover in a lawsuit; it does not say how any particular demand letter should be answered. A lawyer licensed in Wyoming can advise on a specific letter.

Other theft offenses with their own grades

These offenses elsewhere in Title 6, chapter 3 carry their own penalties:

Recent changes

July 1, 2026. Enrolled Act No. 9 of the 2026 budget session (SF0007) amended W.S. 6-3-402(c)(iii), 6-3-402(j) and 6-3-411(e), effective July 1, 2026. It raised the maximum for misdemeanor theft of property worth less than $1,000, and for the theft-detection-device offenses in 6-3-411, from six months and a $750 fine to one year and a $1,500 fine, and changed the any-value felony in 6-3-402(j) from a "fifth" to a "third" or subsequent theft offense.

July 1, 2023. Enrolled Act No. 1 of the 2023 general session (HB0112) created subsection (j), making a "fifth or subsequent offense" for theft or shoplifting a felony punishable by up to 10 years, a $10,000 fine, or both.

Related legal issues

Fraud schemes, forgery and false statements are covered in Wyoming scam and fraud laws, and theft of identity (W.S. 6-3-901) in Wyoming identity theft laws. Clearing a theft record is covered in Wyoming expungement laws, and time limits for charges in the Wyoming statute of limitations.

Federal theft offenses are covered on our theft laws by state hub.

Related

• Theft laws by state
• Wyoming scam and fraud laws
• Wyoming identity theft laws
• Wyoming expungement laws
• Wyoming statute of limitations

This page provides general legal information about Wyoming theft statutes as of October 14, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Wyoming.

Last updated: 2026-10-14.

Frequently Asked Questions

What is the felony theft amount in Wyoming?

Theft is a felony in Wyoming when the property is worth $1,000 or more, punishable by up to 10 years, a fine up to $10,000, or both (W.S. 6-3-402(c)(i)).

Is stealing $1,000 a felony in Wyoming?

Yes. The statute uses the words $1,000.00 or more, so property worth exactly $1,000 is felony theft. Property worth less than $1,000 is a misdemeanor unless it is a firearm or listed livestock or the person has two prior theft convictions (W.S. 6-3-402).

What is petty theft in Wyoming?

Wyoming law does not use the term petty theft. Theft of property worth less than $1,000 is a misdemeanor punishable by up to one year, a fine up to $1,500, or both (W.S. 6-3-402(c)(iii)).

Is shoplifting a felony in Wyoming?

Shoplifting is theft under W.S. 6-3-402, so it is a felony when the merchandise is worth $1,000 or more, is a firearm, or is the person's third or subsequent theft or shoplifting conviction. Entering or remaining in a building without authority with intent to commit theft is burglary, a felony (W.S. 6-3-301).

How much can a store charge for shoplifting in Wyoming?

Under W.S. 1-1-127, a store may recover the property or its full marked price, plus twice the marked price but not less than $50 nor more than $1,000, plus reasonable attorney fees and court costs. No conviction is required, and the merchant must also notify law enforcement.

Are parents liable when a child shoplifts in Wyoming?

Yes. The parents or guardian of an unemancipated minor are liable in the same amounts, and the general cap on parental liability in W.S. 14-2-203 does not apply. Foster parents, parents whose custody was ended by court order, and agencies appointed guardian are excluded (W.S. 1-1-127(b)).