Defendant appeals a judgment of conviction for third-degree sexual abuse, acknowledging that we have previously held that lack of consent in third-degree sexual abuse was a circumstance element that required only a mental state of criminal negligence. State v. Wier, 260 Or. App. 341, 353, 317 P.3d 330 (2013). But, defendant argues, under the Oregon Supreme Courts recent decision in State v. Haltom, 366 Or. 791, 824, 472 P.3d 246 (2020), that interpretation of the statute is no longer viable. We adhere to our decision in Weir, but we note that the issue is currently before the Oregon Supreme Court in State v. Carlisle (S067880), and resolution of that case will likely affect this one.
Affirmed.
PER CURIAM