Wyoming

Summary: The Cardenas family (Appellants) owned three St. Bernard dogs. Appellants lived on a home adjacent to large tracts of state land, and would allow the dogs to roam the land unleashed, but the dogs would return each night. One afternoon, the dogs were let outside to run, but one dog did not return. Appellants found the dog caught in a snare, where it died from a broken neck. Appellants attempted to free the dog from the snare, and one of the Cardenas children was injured in the process. While appellants were attempting to free their dog from the snare, the other two dogs were also caught in snares, and died from their injuries. Appellants filed suit against the trapper who set the snares (Appellee), asserting claims of negligence, willful and wanton misconduct, violation of statutes, infliction of emotional distress, and civil rights violations. Appellee filed a motion for summary judgment, which the trial court granted and denied in part, finding that appellee’s conduct was not willful and wanton and that appellants could not recover emotional damages for the loss of the dogs. On appeal, the court considered: (1) whether the members of the Cardenas family can recover damages for emotional injuries for the loss of their dogs, and (2) whether this court should allow the recovery of emotional distress damages for the loss of a pet. The court held that (1) emotional injuries for the loss of property are not recoverable, under this court’s precedent emotional damages are only recoverable for certain limited situations. Dogs are considered personal property under state law, and damage to personal property is not one of the situations in which emotional damages are recoverable. Next, the court held that (2) it would not create a precedent to allow people to recover emotional distress damages when animate personal property is harmed, as that change would be best suited for the legislature to make. The court affirmed the judgment of the trial court and dismissed the case.

Summary: The Wyoming Supreme Court considers whether the jury was properly instructed on the charge of aggravated animal cruelty. The case stems from an incident where a dog escaped his owner and attacked the defendant's dogs at his front door. A local teenager grabbed the offending dog ("Rocky") and dragged him into the street as the dog fight carried on. The defendant responded by grabbing his gun and shooting Rocky as he was held by the teenager. A jury convicted defendant of both aggravated animal cruelty and reckless endangering. At the trial, defendant moved for judgment of acquittal on both charges, arguing that the Wyoming Legislature has established that humanely destroying an animal is not animal cruelty and that the State did not provide evidence that he intentionally pointed a firearm at anyone, which defendant contends is necessary for the reckless endangering charge. On appeal here, the court first observed that defendant's challenge to a confusing or misleading jury instruction was waived because he negotiated with the prosecution to draft it. Further, the Supreme Court did not find an abuse of discretion where the district court refused defendant's additional instructions on the humane destruction of an animal in the jury instructions on the elements for the aggravated cruelty to animals charge. While defendant argued that the instructions should include subsection m from the statute, he only now on appeal contends that the subsection should have been given as a theory of defense. Thus, reviewing this argument for plain error, the Court found that defendant's theory that his killing was "humane" and thus excluded from the crime of aggravated cruelty was not supported by the language of the statute. In fact, such an interpretation not only goes against the plain language, but "then any animal could be killed, under any circumstances, as long as it is killed quickly." Defendant presented no evidence that the dog he shot was suffering or distressed and needed euthanasia. The trial court did not commit error when it declined to instruct the jury on subsection m. As to the reckless endangering conviction, the court also affirmed this charge as defendant showed a conscious disregard for the substantial risk he placed the teenager in regardless of whether he pointed the gun at the victim. Affirmed.

Summary: In 2019, Wyoming amended its domestic violence protection order law by adding subparts (a)(ix) and (a)(x). Subpart (a)(ix) grants sole possession of any household pet, as defined in W.S. 6-3-203(o), owned, possessed or kept by the petitioner, the respondent or a minor child residing in the residence or household of either the petitioner or the respondent to the petitioner during the period the order of protection is effective if the order is for the purpose of protecting the household pet. In addition, under subpart (a)(x), the court may order that the respondent not have contact with the household pet(s) in the custody of the petitioner and prohibit the respondent from abducting, removing, concealing or disposing of the household pet if the order is for the purpose of protecting the household pet.

Summary: In this case, Corrine Kovnat filed suit against Xanterra Parks and Resorts (Xanterra) alleging that it was negligent in connection with the injuries she sustained while horseback riding in Yellowstone National Park. Kovnat argued that Xanterra was negligent because the cinch on the saddle was too loose and her stirrups were uneven. The district court reviewed the issue and granted summary judgment in favor of defendant, Xanterra. The court held that under Wyoming’s Recreational Safety Act, Xanterra owed no duty of care to protect Kovnat from the injuries she sustained. Kovnat appealed the district court’s ruling and the court of appeals affirmed in part and denied in part the district court’s ruling. Ultimately, the court of appeals found that summary judgment was only proper for Kovnat’s claim regarding the loose cinch but was not proper for the issue of the uneven stirrups. The court of appeals came to this conclusion after examining the Recreational Safety Act and finding that Xanterra cannot be held liable for any risks that are “inherent to the sport of horseback riding.” The court determined that the loose cinch was a reasonable risk that was inherent to the sport of horseback riding while the uneven stirrups were not. For this reason, the court of appeals remanded the case for further proceedings with regard to the issue of the uneven stirrups.

Summary: This statute prohibits trespassing to unlawfully collect resource data. Collecting resource data is done by entering onto open land without an ownership interest or permission to collect information or photograph resource data (including animal species). Violation of this law is punishable by imprisonment of not more than one year and/or a $1,000 fine for the first offense, and imprisonment from ten days to a year and/or a $5,000 fine for subsequent offenses.

Summary: The following article discusses Wyoming Great Ape law. Wyoming has no law that restricts or otherwise mentions great apes. In fact, Wyoming does not even have a state endangered species provision providing additional state protection for endangered or threatened species. The only possible reference that could include great apes is the definition for “exotic species” under the general fish and game code definitions. However, there are no accompanying restrictions on possession or importation of those exotic species. The state’s cruelty law is broad enough to include great apes. There are no exceptions under the cruelty for scientific research or testing.

Summary: The adoption of this amendment will recognize and preserve the heritage of Wyoming citizens' opportunity to fish, hunt and trap wildlife, subject to regulation as prescribed by law. It was passed by 84.8% of voters in 2012.

Summary: This compilation of laws contains Wyoming's anti-cruelty provisions that were amended in 2021. Under the new laws, a person commits cruelty to animals if the person knowingly overrides an animal or drives an animal when overloaded; intentionally or knowingly, unnecessarily injures or beats an animal; or knowingly carries an animal in a manner that poses undue risk of injury or death. Additionally, a person has the charge or custody of any animal under circumstances that manifest "extreme indifference" to the animal's safety, health or life, and fails to provide it with listed necessities, abandons the animal, fails to provide the animal with appropriate care in the case of immediate and obvious serious injury or illness also commits cruelty to animals. Other prohibitions include animal fighting, shooting or poisoning livestock or domestic animals on property where the animal is authorized to be. A first offense of cruelty to animals or of a violation of W.S. 6-3-1003 is a misdemeanor punishable by imprisonment for not more than six months, a fine of not more than $750.00, or both, with enhanced penalties for subsequent convictions. Felony cruelty to animals occurs when a person commits cruelty to animals as defined in W.S. 6-3-1002(a)(v) through (ix), that results in the death or required euthanasia of the animal; or (ii) knowingly, and with intent to cause death or undue suffering, beats with cruelty, tortures, torments or mutilates an animal. Such acts incur permanent forfeiture of the animal at issue and imprisonment for not more than two years and/or a fine of up to $5,000. With either misdemeanor or felony convictions, the court may order forfeiture of the animals involved, payment of reasonable costs of animal impoundment, and restraints on future ownership of animals. A bestiality law was also enacted in 2021 that prohibits actors from engaging in sexual acts with animals. Violation is a misdemeanor with punishment of up to one year imprisonment and/or a fine of up to $1,000.

Summary: This statute represents Wyoming's pet trust law. The law provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the last animal named in the trust.

Summary: This Wyoming statute states that any animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care, which is then unclaimed by its owner for a period of more than ten days after written notice is given to the owner at his or her last known address, shall be deemed to be abandoned. It may then be turned over to the nearest humane society or dog pound in the area where it may be disposed of as the shelter sees fit.