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...
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