Legal Opinion
King v. State
Court of Appeals of Alaska
Decided April 30, 1999No. A-6835PublishedCited by 4 opinions
1Opinion of the Court
OPINION
MANNHEIMER, Judge.
Under AS 11.41.420(a)(3)(B), a person commits second-degree sexual assault if they engage in sexual penetration with a person who is “incapacitated”. At the time of the events in this case, AS 11.41.470(2) defined “incapacitated” as “temporarily incapable of appraising the nature of one’s own conduct and physically unable to express unwillingness to act”. In this appeal, we are asked to decide whether a sleeping person can be “incapacitated” under this definition. We conclude that the answer is yes.
On March 14, 1997, A.C. traveled from Fairbanks to Anchorage; she…
2Cases cited5 opinions
- State v. MoormanSupreme Court of North Carolina · 1987
- University of Alaska v. TumeoAlaska Supreme Court · 1997
- State v. PuapuagaCourt of Appeals of Washington · 1989
- State v. RushNew Jersey Superior Court Appellate Division · 1994
- State v. MoormanCourt of Appeals of North Carolina · 1986
3Cited by4 opinions
- Travis v. StateCourt of Special Appeals of Maryland · 2014
- McGill v. StateCourt of Appeals of Alaska · 2001
- Ragsdale v. StateCourt of Appeals of Alaska · 2001
- Michael D. Logan Jr. v. State of AlaskaCourt of Appeals of Alaska · 2024