What Is Criminal Trespass in Wyoming?

Under Wyoming Statute § 6-3-303, an individual commits criminal trespassing when they enter or remain on the property of another without consent, particularly when they have due notice that such entry is forbidden. This includes residential land, agricultural land, recreational land, a building, or an automobile.

In general, the offense is charged as a misdemeanor. However, under certain circumstances, the penalties and civil liabilities may differ. For instance, when an individual deliberately remains on the promises of another, knowing they are not authorized to do so, or after they have been warned or informed to depart or not to trespass, they may be prosecuted.

The property owner may give notice in two ways - either by personal communication or through visible posted signs. Typically, the penalty for a misdemeanor criminal trespass in Wyoming is up to 6 months in jail and/or a fine of up to $750.

Intent is a critical factor in trespass cases. If the owner informs the trespasser that they are not allowed to enter the property, it can be inferred that the defendant intended to trespass.

However, in the circumstance or situation where a trespass occurs on a key facility, such as a manufacturing facility or power plant, the trespasser may be charged with a felony. Similarly, if trespass occurs on an agricultural land with the intention of collecting resource data without permission, then the individual is liable to litigation.

How to Look Up Public Criminal Trespass Records in Wyoming

In general, trespass records are deemed public except those sealed by the court. In the scenario where a case is classified as confidential or is sealed by the court, the requester must provide a subpoena to get access. Moreover, individuals may find out if they have a criminal trespass record through a background check.

Interested parties may look up public criminal trespass records in Wyoming using different avenues. These include obtaining the documents online, in person, or by mail.

In-person

Interested parties may visit the court where the case was heard. They may be required to provide relevant information such as the name of the defendant and the case number. They must pay the requisite fees and provide identifying documents. Record seekers may also visit the clerk of the court in the jurisdiction where the case occurred.

Online

Interested parties may look up criminal trespass records through a portal provided by the Wyoming Supreme Court. Local courts also provide access to search for court records on designated portals.

In addition, third-party websites may provide access to criminal trespass court records. These are not limited by geographical location and may be a great starting point when conducting research. However, they are not connected with any government agency. They aggregate information from different government sources. Therefore, the information obtained from these third-party websites should be verified with official sources.

By mail

Interested parties may obtain a request form from the website and fill it out the same way. They subsequently mail the record request to the court where the case was handled. They must pay the requisite fees by credit card or check. The processing time is typically from 3 days to two weeks.

Types of Criminal Trespass Offenses

Criminal trespass occurs when an individual enters or remains on another person's property without authorization. Although typically a misdemeanor offense, depending on the circumstances, a criminal trespass in Wyoming may be charged as different types of crimes, ranging from misdemeanor to felony.

The specific details of the charge depend on the circumstances of the trespass, such as the type of property involved and whether the trespassing individual intended to commit a felony. For instance, if the trespasser damages property worth above $1,000 in the process, per Section 6-3-201, it becomes a felony. If the cost of damages is less, it remains a misdemeanor.

Moreover, under Title 23, Wyoming game and fish laws, entering private land with firearms, bow, or trap with the intent to hunt without permission is treated as an enhanced misdemeanor. In the event that the trespass occurs on critical infrastructure, such as a pipeline or government installations, the offender risks enhanced penalties, including higher fines. If the trespass is linked to stalking, per § 6-2-506, it becomes a felony.

Penalties for Criminal Trespass in Wyoming

In Wyoming, a simple criminal trespass is charged as a misdemeanor under Wyoming Statute § 6-3-303. The penalty is 6 months jail time and/or up to $750 in fines. If the trespass includes damage to properties valued at up to $1,000, it is elevated to a felony. Furthermore, if the trespass occurs on a critical infrastructure such as a pipeline, power plant, or similar government installations, the charge is elevated to a felony. This attracts a penalty of up to 2 years in prison.

If the trespass occurs in a building or occupied structure with the intention to steal or commit a felony, the charge is also elevated to a felony, particularly if dangerous weapons are involved. The punishment is between 5 and 25 years in prison and/or fines to the tune of $50,000.

Can You Be Arrested for Criminal Trespass in Wyoming?

In Wyoming, if an individual remains on another person's property deliberately without authorization with proper notice, they have violated Wyoming Statute section 6-3-303. There is a high probability that individuals would be arrested if they are caught on the property or if surveillance footage reveals the trespassing incident.

Wyoming has strict laws protecting private property. As such, if it is established that the trespasser has the intent to steal, harass wildlife, or damage property, the charges against them would escalate quickly. Trespassing, especially when armed, on agricultural land after receiving a warning, would almost certainly result in arrest and criminal charges.

How Criminal Trespass Differs from Burglary or Breaking and Entering in Wyoming

Burglary and trespass are two different criminal offenses in Wyoming, although they are somewhat related. Burglary is a form of trespass, albeit one that involves forcibly breaking into a premises.

Under Wyoming Statute § 6-3-303, an individual commits criminal trespass when they knowingly enter and remain on property without permission after being notified to leave. In this case, there is no intention to commit another crime, just the authorized presence. It is charged as a misdemeanor, and the penalty is up to 6 months in jail and/or a fine of up to $750.

On the other hand, per section 6-3-301, burglary is when an individual enters a building or structure with criminal intent, either to steal or commit any other felony. In this case, it involves forceful entry as part of a larger criminal plan. This is charged as a felony offense, and the penalty is up to 10 years in prison and/or up to $10,000 fine.

Can a Criminal Trespass Charge Be Dismissed or Reduced in Wyoming?

A criminal trespass charge may be dismissed or reduced in Wyoming. Notwithstanding, the outcome depends on the details of the case. For instance, charges may be dropped if it is established that there was an unlawful enclosure to obstruct passage through public lands, or if the individual had permission, such as preemptive permission by federal law.

Moreover, intent to trespass is a required element of criminal trespass. If the defendant did not interfere with or harm the property, and vacated when asked, or no sign was posted, and they did not have the intent to trespass, the case may be dismissed.

Under the Wyoming Rules of Criminal Procedure, there is a provision for plea bargaining. The defendant may plead to a lesser violation, such as a local ordinance infraction. This may result in a fine, but it avoids a criminal record for trespass. The defendant may avoid conviction by completing a diversion program.

In the event that the offender is charged with a criminal trespass, they may be eligible to petition the court for expungement.

Will a Wyoming Criminal Trespass Charge Stay on Your Record?

Criminal trespass charges do not automatically go away with the passage of time. They will remain indefinitely on the offender's record and show up in a background check unless they are expunged or sealed.

If a trespass charge is dismissed or diverted, the dismissal entry will still appear in public searches of court records. Also, most background checks would indicate that the charge was filed and dismissed. To completely remove it from public access, the offender must petition the court for expungement under W.S. § 7-13-1401. Once it is sealed or expunged, the record will not appear in background checks.

Individuals who were acquitted may petition the court for expungement if:

• At least 6 months have passed since the case was dismissed
• They have no pending criminal charges

Defendants who were acquitted and who seek to petition the court for expungement are required to serve a copy on the prosecutor.

Expungement or Record Sealing Options in Wyoming

In Wyoming, expungement is the process by which criminal charges or convictions are removed from an individual's public criminal record. The offender's criminal records are removed from the database of the court that handled the case and from state background checks. Upon successful expungement, it is treated as though the offense never occurred.

On the other hand, sealing restricts access to an individual's criminal record search so that the public cannot view it. However, sealed records are still available to law enforcement agents and certain government agencies. Also, interested parties with a court order may access sealed records.

An individual convicted of a simple trespass, a misdemeanor offense, may be eligible for expungement if they have completed their sentence, the mandatory waiting period has elapsed, and they have no other convictions. In addition, offenders who were granted deferred adjudication may potentially be eligible for expungement.

To be eligible for expungement of a criminal trespass, some of the eligibility conditions include:

• Under W.S. § 7-13-1501, the offender must wait at least 5 years after completing the terms of their sentence, including probation
• The misdemeanor trespass must not have involved the use or attempted use of a firearm.
• The offender must not have any pending charges against them
• The individual has not been involved in any other crime during the 5-year waiting period