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Worcester v. State8/31/2001
plied quoting from United States v. Batchelder, 442 U.S. 114, 123, 99 S. Ct. 2198, 60 L. Ed. 2d 755 (1979) (citation omitted):
"The provisions in issue here, however, unambiguously specify the activity proscribed and the penalties available upon conviction. That this particular conduct may violate both Titles does not detract from the notice afforded by each. Although the statutes create uncertainty as to which crime may be charged and therefore what penalties may be imposed, they do so to no greater extent than would a single statute authorizing various alternative punishments." 774 P.2d at 563.
[ ] Under both statutes at issue in this case, Mr. Worcester was unambiguously provided notice of what the state commands or forbids and the penalties that may be imposed. The difference between § 41-13-204 and § 41-13-203 is the language "endanger" versus "indifferent." Each statute can be read with its plain meaning so that a person of common intelligence would be able to understand the conduct each statute prescribes. Endanger is defined as "to bring into danger or peril." Merriam-Webster's Collegiate Dictionary 381 (10th ed. 1999). In contrast, indifferent is defined as "marked by impartiality . . . does not matter one way or the other marked by a lack of interest, enthusiasm, or concern for something." Id. at 592. Whether one acts indifferently or endangers another or another's property, the conduct is covered by a specific statute. The statutes provide fair notice and clearly define the punishment and the conduct prohibited.
[ ] Furthermore, unlike Nowack, the punishments for violating the statutes at issue in this case are the same. As described in Wyo. Stat. Ann. § 41-13-216(a) (LexisNexis 2001), a conviction under each statute is a misdemeanor punishable by a fine of not more than $750, imprisonment for not more than six months, or both, and the person may be refused the privilege of operating any watercraft on any of the waterways of this state for not more than two years. "'So long as overlapping criminal provisions clearly define the conduct prohibited and the punishment authorized, the notice requirements of the Due Process Clause are satisfied.'" Nowack, 774 P.2d at 562 (quoting Batchelder, 442 U.S. at 123). Therefore, Mr. Worcester failed to prove § 41-13-204 is unconstitutionally vague.
[ ] Affirmed.
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