State v. Watts

Judge MANNHEIMER.

Under AS 11.41.220(a)(1)(A), it is a felony for a person to recklessly place another person in fear of imminent serious physical injury by means of a dangerous instrument.

In the present case, the superior court has ruled that this statute is unconstitutional unless the phrase "places another person in fear" is confined to situations where the defendant is (1) subjectively aware of the victim and (2) purposely directs their conduct at the victim.

Under the superior court's ruling, a drunk driver cannot be prosecuted for third-degree assault if the driver obliviously forces a…