State v. Nelson, 241 Or. App. 681

Defendant Quandary Nelson was convicted of first‑degree rape, first‑degree sexual abuse, fourth‑degree assault, and unauthorized use of a vehicle; he appeals the rape and sexual abuse convictions.
Nelson argues the trial court erred by not instructing the jury that the state must prove that he knowingly subjected the victim to forcible compulsion to convict on the first‑degree rape and first‑degree sexual abuse counts.
The indictment alleged the crimes were committed by unlawful and knowingly by forcible compulsion, and cited ORS 163.375 and ORS 163.427 definitions and elements including forcible compulsion.
ORS 163.375 and ORS 163.427 define first‑degree rape and sexual abuse, requiring that the victim be subjected to forcible compulsion, with forcible compulsion defined in ORS 163.305(2).
Oregon law on culpable mental state (ORS 161.115(2), ORS 161.095(2)) governs whether such elements require a culpable mental state; Rainoldi clarifies when an element is material and requires culpability.
The court held that the 'subjected to forcible compulsion' element is a material element that requires a culpable mental state, and because the indictment referred to 'knowingly,' the state had to prove that Nelson knowingly subjected the victim to forcible compulsion; the trial court erred in failing to instruct accordingly; convictions for first‑degree rape and first‑degree sexual abuse were reversed and remanded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether forcible compulsion is a material element requiring culpable mental state	State contends the instructions were proper and no additional mental-state instruction was required.	Nelson contends the state must prove that he knowingly subjected the victim to forcible compulsion.	Court held error; the state must prove knowing forcible compulsion; convictions reversed.

State v. Crosby, 342 Or. 419 (2007) (instructional error standard on jury instructions)
State v. Rainoldi, 236 Or. App. 129 (2010) (defines when an element requires culpable mental state)
State v. Pine, 336 Or. 194 (2003) (reversible error for lack of required element instruction)
State v. Brown, 310 Or. 347 (1990) (reversible error for failure to instruct on element)
State v. Bell, 220 Or. App. 266 (2008) (indicates that alleged mental state in indictment affects proof)
State v. Lane, 341 Or. 433 (2006) (addressed culpable mental state in absence of statute specifying it)
State v. Blanton, 284 Or. 591 (1978) (discussion of conduct as a material element)
State v. Rutley, 202 Or. App. 639 (2005) (role of conduct element in criminal statutes)