State v. M. A. W.-S. ( 2022 )

426
Argued and submitted May 5, 2021, reversed and remanded April 27, 2022
In the Matter of M. A. W.-S.,
a Youth.
STATE OF OREGON,
Respondent,
v.
M. A. W.-S.,
Appellant.
Washington County Circuit Court
19JU01517; A172208
507 P3d 1291
Michele C. Rini, Judge pro tempore.
Lindsey Burrows argued the cause for appellant. Also on
the briefs was O’Connor Weber LLC.
Patrick M. Ebbett, Assistant Attorney General, argued
the cause for respondent. Also on the brief were Ellen F.
Rosenblum, Attorney General, and Benjamin Gutman,
Solicitor General.
Before Mooney, Presiding Judge, and Kamins, Judge, and
DeVore, Senior Judge.*
PER CURIAM
Reversed and remanded.
______________
* Kamins, J., vice DeHoog, J. pro tempore.
Cite as 319 Or App 426 (2022) 427
PER CURIAM
The juvenile court found youth within its jurisdic-
tion for conduct that, if committed by an adult, would consti-
tute riot. ORS 166.015 (“A person commits the crime of riot if
while participating with five or more other persons the per-
son engages in tumultuous and violent conduct and thereby
intentionally or recklessly creates a grave risk of causing
public alarm.”). Youth assigns error to the juvenile court’s
determination that no culpable mental state applies to the
element of “participating with five or more other persons.”
In light of subsequent case law, the juvenile court erred.
The element is material and necessarily requires a culpable
mental state. See State v. Owen, 369 Or 288, 310, 505 P3d
953 (2022); State v. Prophet, 318 Or App 330, 342, 507 P3d
735 (2022).
Reversed and remanded.