State v. Anderson

A jury convicted defendant of one count of sexual abuse in the third degree, ORS 163.415. Defendant approached a stranger on a MAX train in Portland and repeatedly groped her, including her genital area. At trial, defendant requested a special jury instruction, arguing that a “knowing mens rea ought to attach” to the “lack of consent” element of the crime.1 The trial court declined to give that instruction. On appeal, defendant contends that that was error. In light of State v. Wier, 260 Or App 341, 317 P3d 330 (2013), we disagree and affirm.

A party is generally entitled to have a proposed…