In Dexter v. State, 672 P.2d 144 (Alaska App. 1983) Dexter was convicted of third-degree assault for engaging in sexual penetration with a person he knew was incapacitated under former AS 11.41.430. On appeal, Dexter argued that his jury was not properly instructed because the elements instruction only directed the jury to determine whether Dexter knowingly engaged in sexual penetration with another person and whether Dexter knew the other person was incapacitated. The Court concluded that the jury understood that it would first have to determine whether the victim was actually incapacitated to determine whether Dexter had knowledge of that incapacity.