Larry Wurtz, and v. Henry Risley, and the Attorney General of the State of Montana, Michael T. Greeley, Additional And

CANBY, Circuit Judge:

Wurtz was convicted in Montana state court of the offense of “intimidation.” He sought habeas corpus relief in federal district court, alleging that the Montana intimidation statute is unconstitutionally overbroad. The district court denied his petition. We reverse.

FACTS

A woman was walking home from work in Kalispell, Montana. As she crossed an alley entrance, a car stopped in the alley behind her. Through an open window, the driver, defendant-appellant Larry Wurtz, belligerently demanded to know whether the woman would have sexual intercourse with him. The woman…