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

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 proceeded down the block. Wurtz drove into the street to keep pace with her and continued to make vulgar remarks. As she approached another alley, Wurtz pulled into the alley entrance across her path and said “I want to rape you," or “I am going to rape you.” The woman told Wurtz to “get lost,” and walked behind his car, noting his license number. Wurtz backed the car towards the woman and she became frightened. She ran down the block and hid between two houses until Wurtz drove away. She then went home and called the police.

Wurtz was charged with the felony of intimidation under Montana Code Annotated §…