The juvenile court found youth within its jurisdiction for conduct that, if committed by an adult, would constitute riot. ORS 166.015 (“A person commits the crime of riot if while participating with five or more other persons the person 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 courts 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 P.3d 953 (2022); State v. Prophet, 318 Or. App. 330, 342, ––– P.3d –––– (2022).
Reversed and remanded.
PER CURIAM