Wyoming Child Abuse Laws

Wyoming statutes define child abuse as the physical, emotional, or sexual abuse of anyone under the age of 18. The Wyoming Department of Family Services (DFS) investigates all reports of child abuse and neglect and refers cases for criminal prosecution where necessary. Penalties for child abuse can be severe, with potential imprisonment up to 25 years for aggravated cases.

Wyoming is one of two states where all citizens are mandatory reporters, whether the law lists their profession or not.

State laws about child abuse focus on the child’s welfare and safety. Wyoming laws ensure that all its residents are part of the protective unit.

Wyoming Child Abuse Law

Wyoming defines child abuse as:

  • Physical injury, such as bruising, bleeding, impairment of a bodily organ, bone fracture, or malnutrition
  • Mental injury that damages the emotional or psychological capacity of the child or affects their intellectual development
  • Abandonment or neglect, meaning a failure of a parent or guardian to provide food, clothing, shelter, medical care, or education

The law does not recognize “unintentional neglect,” such as failing to provide adequate nurturing.

Exceptions

State law recognizes several exceptions to the general definition of child abuse:

  • Harm due to accidental means, such as an auto accident in which the child’s parent was not at fault.
  • A minor over the age of 16 experiencing homelessness is not proof of neglect or abandonment.
  • Reasonable corporal punishment that causes minor bruising does not constitute child abuse. The definition does not exclude excessive or unreasonable corporal punishment.
  • Spiritual healing through prayer, when given by an accredited clergy member according to the tenets of a church or recognized religion, is not abuse for that reason alone.

However, religion, custom, or parental consent is not a defense against female genital mutilation on a child under the age of 18.

Mandated Reporting Laws

Wyoming law makes all citizens responsible for child protection. Any person who knows or has reasonable cause to believe a child is at risk of abuse or neglect must report to Wyoming’s Child Protective Services.

Mandated reporters who are health care providers, school officials, or law enforcement officers must also report to their supervisors or other persons in charge.

Reporters can call their local DFS office or file online. If the child is in imminent danger, reporters should call 911 immediately.

Penalties

Child abuse is a felony in Wyoming. Abusers face steep penalties if convicted of child abuse or endangerment (Wyo. Stat. § 6-2-503)

  • Adults not responsible for the child’s welfare receive up to 10 years imprisonment if the child is 16 years old or under
  • Adults responsible for the child’s welfare receive up to 10 years imprisonment for children up to the age of 18
  • Aggravated child abuse is punishable by up to 25 years imprisonment

Failure to Report and Filing a False Report

There are no penalties for failure to report. If a child is at substantial risk of harm, reporters should contact their local law enforcement agency or DFS. A report of abuse made in good faith will not result in liability if the investigation finds nothing.

Intentionally filing a false report, or encouraging another person to make a false report is a misdemeanor punishable by up to 6 months in jail and up to $750 in fines.

Get Legal Advice from a Wyoming Criminal Defense Attorney

In all state laws, the child’s well-being comes before other considerations. If you need legal advice about your rights in a possible child abuse case, speak to a Wyoming family law attorney. Anyone facing charges of abuse or neglect may need to talk to a Wyoming criminal defense attorney immediately.

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