State v. Waters

¶ 1. This case calls upon us to determine whether it was plain error to instruct a jury that it could convict defendant *235for violating an abuse-prevention order prohibiting him from harassing petitioner if it concluded that he engaged in conduct that would cause a reasonable person to be “annoyed, irritated, tormented or alarmed.” We conclude that the instruction was plain error, and that the evidence below could not support a conviction for violating the abuse-prevention order, as worded. We accordingly reverse, and remand for entry of a judgment of acquittal.

¶ 2. Complainant and defendant…