ORIGINAL SENATE ENGROSSED
FILE NO. SF0026
ENROLLED ACT NO. 55, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
1
AN ACT relating to crimes and offenses; providing an
affirmative defense for use of force to protect military
equipment; extending immunity for civil or criminal
liability for acts committed in the performance of
necessary duties to state security officers employed by the
military department; providing a definition; specifying
applicability; and providing for an effective date.
Be It Enacted by the Legislature of the State of Wyoming:
Section 1. W.S. 6-2-603 is created to read:
6-2-603. Use of force in defense of military
equipment.
A state security officer as defined by W.S.
19-7-101(a)(xiii), a member of the armed forces or a member
of the Wyoming national guard in active state service as
defined by W.S. 19-7-101(a)(v) who is on official duty
defending military equipment is privileged to use
reasonable force as necessary to defend military equipment,
including deadly force as defined by W.S. 6-2-602(g)(iii),
in accordance with published military regulations and
doctrine regarding the use of force.
Section 2. W.S. 19-7-101(a) by creating a new
paragraph (xiii) and 19-9-401(c)(intro) are amended to
read:
19-7-101. Definitions.
(a) As used in this act:
(xiii) "State security officer" means a person
employed by the military department whose primary duties ORIGINAL SENATE ENGROSSED
FILE NO. SF0026
ENROLLED ACT NO. 55, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
2
include being armed and securing military assets controlled
by the military department.
19-9-401. National Guard members and state security
officers granted certain exemptions.
(c) No member of the Wyoming national guard in active
state service shall incur any
personal liability, civil or criminal, by reason of acts
committed in the performance of his necessary duties
incident to service under orders of the governor or any
lawful superior if the acts are not palpably illegal,
excessively violent or malicious. If any civil action is
brought against a member by
reason of an act or acts committed in the performance of
his necessary duties, he is entitled to legal counsel to
assist in his defense at state expense. Legal counsel for
such purposes may be chosen by the guardsman
security officer subject to approval by the Wyoming
attorney general and legal fees incurred shall be approved
by either:
Section 3. The affirmative defense created by section
1 of this act shall be available as an affirmative defense
to conduct occurring on and after the effective date of
this act. ORIGINAL SENATE ENGROSSED
FILE NO. SF0026
ENROLLED ACT NO. 55, SENATE
SIXTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2025 GENERAL SESSION
3Section 4. This act is effective immediately upon
completion of all acts necessary for a bill to become law
as provided by Article 4, Section 8 of the Wyoming
Constitution.
(END)
Speaker of the HousePresident of the SenateGovernorTIME APPROVED: _________DATE APPROVED: _________
I hereby certify that this act originated in the Senate.
Chief Clerk