State v. Hazelwood

I. INTRODUCTION

I am not persuaded that a criminal offense can be predicated on proof of civil negligence. In my view, neither existing precedent nor public policy supports such a result. I therefore dissent.

II. DISCUSSION

A. The Ambiguity as to the Required Mens Rea under Former AS U6. OS. 790(a) Mandates Application of the Criminal Negligence Standard.

The court does not deny that there is an ambiguity as to the mens rea required for conviction under former AS 46.03.790(a).1 “Ambiguities in criminal statutes must be narrowly read and construed strictly against the government.” State v.…