Chapter 167 — Chapter 167
223 sections in this chapter.
ORS 167.265 [Repealed by 1959 c.322 §3]
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[Repealed or reserved.]
ORS 167.270 [Repealed by 1959 c.322 §3]
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[Repealed or reserved.]
ORS 167.275 [Repealed by 1959 c.322 §3]
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[Repealed or reserved.]
ORS 167.280 [Repealed by 1959 c.322 §3]
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[Repealed or reserved.]
ORS 167.285 [Repealed by 1959 c.322 §3]
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[Repealed or reserved.]
ORS 167.290 [Repealed by 1959 c.322 §3]
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[Repealed or reserved.]
ORS 167.295 [Amended by 1963 c.314 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.300 [Repealed by 1971 c.743 §432]
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OFFENSES AGAINST ANIMALS
ORS 167.305 Legislative findings. The Legislative Assembly finds and declares that
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(1) Animals are sentient beings capable of experiencing pain, stress and fear; (2) Animals should be cared for in ways that minimize pain, stress, fear and suffering; (3) The suffering of animals can be mitigated by expediting the disposition of abused animals that would otherwis…
ORS 167.310 Definitions for ORS 167.310 to 167.351. As used in ORS 167.310 to 167.351: As used in ORS 167.310 to 167.351
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(1) “Adequate bedding” means bedding of sufficient quantity and quality to permit a domestic animal to remain dry and reasonably clean and maintain a normal body temperature. (2)(a) “Adequate shelter” includes a barn, doghouse or other enclosed structure sufficient to protect a d…
ORS 167.312 Research and animal interference. (1) A person commits the crime of research and animal interference if the person
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(a) With the intent to interfere with research, releases, steals or otherwise causes the death, injury or loss of any animal at or from an animal research facility. (b) With the intent to interfere with research, damages, vandalizes or steals any property in or on an animal resea…
ORS 167.315 Animal abuse in the second degree. (1) A person commits the crime of animal abuse in the second degree if, except as otherwise authorized by law, the person intentionally, knowingly or recklessly causes physical injury to an animal
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(2) Any practice of good animal husbandry is not a violation of this section. (3) Animal abuse in the second degree is a Class B misdemeanor. [1985 c.662 §2]
ORS 167.320 Animal abuse in the first degree. (1) A person commits the crime of animal abuse in the first degree if, except as otherwise authorized by law, the person recklessly causes serious physical injury or death to an animal
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(2) Any practice of good animal husbandry is not a violation of this section. (3) Animal abuse in the first degree is a Class A misdemeanor. (4) Notwithstanding subsection (3) of this section, animal abuse in the first degree is a Class C felony if: (a) The person committing the …
ORS 167.322 Aggravated animal abuse in the first degree. (1) A person commits the crime of aggravated animal abuse in the first degree if, except as otherwise authorized by law, the person intentionally or knowingly
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(a) Tortures an animal; (b) Causes serious physical injury or death to an animal; or (c) Creates a visual recording of an act described in paragraph (a) or (b) of this subsection. (2) Any practice of good animal husbandry is not a violation of this section. (3) Aggravated animal …
ORS 167.323 Encouraging aggravated animal abuse in the second degree. (1) A person commits the crime of encouraging aggravated animal abuse in the second degree if the person
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(a)(A)(i) Knowingly possesses or controls, or knowingly accesses with the intent to view, a visual recording of an act described in ORS 167.322 (1)(a) or (b); or (ii) Knowingly pays, exchanges or gives anything of value to obtain or view a visual recording of an act described in …
ORS 167.324 Encouraging aggravated animal abuse in the first degree. (1) A person commits the crime of encouraging aggravated animal abuse in the first degree if the person
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(a)(A) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, displays, finances, attempts to finance or sells a visual recording of an act described in ORS 167.322 (1)(a) or (b), or knowingly possesses, accesses or views such a visual recording with the inte…
ORS 167.325 Animal neglect in the second degree. (1) A person commits the crime of animal neglect in the second degree if, except as otherwise authorized by law, the person intentionally, knowingly, recklessly or with criminal negligence
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(a) Fails to provide minimum care for an animal in such person’s custody or control; or (b) Tethers a domestic animal in the person’s custody or control and the tethering results in physical injury to the domestic animal. (2) Animal neglect in the second degree is a Class B misde…
ORS 167.330 Animal neglect in the first degree. (1) A person commits the crime of animal neglect in the first degree if, except as otherwise authorized by law, the person intentionally, knowingly, recklessly or with criminal negligence
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(a) Fails to provide minimum care for an animal in the person’s custody or control and the failure to provide care results in serious physical injury or death to the animal; or (b) Tethers a domestic animal in the person’s custody or control and the tethering results in serious p…
ORS 167.332 Prohibition against possessing or residing with certain animals; waiver; prohibition modification procedure. (1) Except as provided in subsections (3) and (4) of this section
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(a) In addition to any other penalty imposed by law, a person convicted of violating ORS 167.315, 167.323, 167.324, 167.340 or 167.355 or of a misdemeanor under ORS 167.320, 167.325 or 167.330 or this section may not possess or reside with any animal of the same genus against whi…
ORS 167.333 Sexual assault of an animal. (1) A person commits the crime of sexual assault of an animal if the person
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(a) Touches or contacts, or causes an object or another person to touch or contact, the mouth, anus or sex organs of an animal or animal carcass for the purpose of arousing or gratifying the sexual desire of a person; or (b) Causes an animal or animal carcass to touch or contact …
ORS 167.334 Evaluation of person convicted of violating ORS 167.333. Upon the conviction of a defendant for violation of ORS 167.333, the court may order a psychiatric or psychological evaluation of the defendant for inclusion in the presentence report as described in ORS 137.077. [2001 c.926 §5c]
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Note: 167.334 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 167.335 Exemption from ORS 167.315 to 167.333. (1) Unless gross negligence can be shown, the provisions of ORS 167.315 to 167.333, other than the provisions of ORS 167.332, do not apply to
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(a) The treatment of livestock being transported by owner or common carrier; (b) Animals involved in rodeos or similar exhibitions; (c) Commercially grown poultry; (d) Animals subject to good animal husbandry practices; (e) The killing of livestock according to the provisions of …
ORS 167.337 Interfering with law enforcement animal. (1) A person commits the crime of interfering with a law enforcement animal if the person intentionally or knowingly injures or attempts to injure an animal the person knows or reasonably should know is a law enforcement animal while the law enforcement animal is being used in the lawful discharge of its duty
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(2) Interfering with a law enforcement animal is a Class A misdemeanor. [Formerly 164.369; 2009 c.555 §1; 2011 c.597 §167]
ORS 167.339 Assaulting a law enforcement animal. (1) A person commits the crime of assaulting a law enforcement animal if
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(a) The person knowingly causes serious physical injury to or the death of a law enforcement animal, knowing that the animal is a law enforcement animal; and (b) The injury or death occurs while the law enforcement animal is being used in the lawful discharge of the animal’s duti…
ORS 167.340 Animal abandonment. (1) A person commits the crime of animal abandonment if the person intentionally, knowingly, recklessly or with criminal negligence leaves a domestic animal or an equine at a location without providing minimum care
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(2) It is no defense to the crime defined in subsection (1) of this section that the defendant abandoned the animal at or near an animal shelter, veterinary clinic or other place of shelter if the defendant did not make reasonable arrangements for the care of the animal. (3) Anim…
ORS 167.341 Encouraging sexual assault of an animal. (1) A person commits the crime of encouraging sexual assault of an animal if the person
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(a) Knowingly possesses or controls, for the purpose of arousing or satisfying the sexual desires of the person or another person, a visual recording of a person engaged in sexual conduct with an animal; and (b) Knows or is aware of and consciously disregards the fact that the cr…
ORS 167.343 Unlawful tethering. (1) A person commits the offense of unlawful tethering if the person tethers a domestic animal in the person’s custody or control
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(a) With a tether that is not a reasonable length given the size of the domestic animal and available space and that allows the domestic animal to become entangled in a manner that risks the health or safety of the domestic animal; (b) With a collar that pinches or chokes the dom…
ORS 167.344 Interfering with an investigation into an offense against an animal. (1) A person commits the crime of interfering with an investigation into an offense against an animal if the person intentionally or knowingly conceals an animal, transports an animal or takes other action to prevent a peace officer, as defined in ORS 161.015, or a licensed veterinarian from examining an animal suspected of being the subject of a violation under ORS 167.310 to 167.390
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(2) Interfering with an investigation into an offense against an animal is a Class A misdemeanor. [2024 c.30 §2]
ORS 167.345 Authority to enter premises or motor vehicle; search warrant; notice of impoundment of animal; damage resulting from entry. (1) As used in this section, “peace officer” has the meaning given that term in ORS 161.015
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(2) If there is probable cause to believe that any animal is being subjected to treatment in violation of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428, a peace officer, after obtaining a search warrant or in any other manner authorized by law, may enter the premis…
ORS 167.347 Forfeiture of animal to animal care agency prior to disposition of criminal action. (1)(a) If an animal is impounded pursuant to ORS 167.345 and is being held by a county animal shelter or other animal care agency pending outcome of a criminal action charging a violation of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428, prior to the final disposition of the criminal action, the county or other animal care agency or, on behalf of the county or other animal care agency, the district attorney, may file a petition in the criminal action requesting that the court issue an order forfeiting the animal to the county or other animal care agency prior to the final disposition of the criminal action. The petitioner shall serve a true copy of the petition upon the defendant and, unless the district attorney has filed the petition on behalf of the county or other animal care agency, the district attorney
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(b) A petition may be filed in the criminal action under paragraph (a) of this subsection concerning any animal impounded under ORS 167.345 and held pending the outcome of the criminal action, regardless of whether the specific animal is the subject of a criminal charge, or named…
ORS 167.348 Placement of forfeited animal. (1) If an animal is forfeited according to the provisions of ORS 167.347 or 167.350, the agency to which the animal was forfeited may place the animal with a new owner. The agency may give placement preference to any person or persons who had prior contact with the animal, including but not limited to family members and friends of the former owner whom the agency determines are capable of providing necessary, adequate and appropriate levels of care for the animal. The agency may not, however, place the animal with family members or friends of the former owner who aided or abetted the criminal conduct underlying the forfeiture or had knowledge of the criminal conduct and failed to intervene. As a condition of placement, the agency shall require the new owner to execute an agreement to provide minimum care to the animal. The agreement must indicate that allowing the former owner to possess the animal constitutes a crime
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(2) Notwithstanding subsection (1) of this section, the agency may not place the animal with any person who resides with the former owner. [1995 c.369 §3; 2009 c.273 §1; 2013 c.719 §8]
ORS 167.349 Encouraging animal abuse. (1) A person commits the crime of encouraging animal abuse if the person
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(a) Obtains a previously abused, neglected or abandoned animal from an animal care agency under ORS 167.348 or the court under ORS 167.350; and (b) Knowingly allows the person from whom the animal was forfeited to possess the animal. (2) Encouraging animal abuse is a Class C misd…
ORS 167.350 Forfeiture of rights in mistreated animal; costs; disposition of animal. (1)(a) In addition to and not in lieu of any other sentence it may impose, a court shall require a defendant convicted under ORS 167.315 to 167.333, 167.340, 167.355 or 167.365 to forfeit any rights of the defendant in the animal subjected to the violation, and to repay the reasonable costs incurred by a government agency, a humane investigation agency or its agent or a person prior to judgment in caring for each animal associated with the criminal proceeding
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(b) If a government agency or a humane investigation agency or its agent provides care and treatment for impounded or seized animals, a court that orders a defendant to repay reasonable costs of care under paragraph (a) of this subsection may not reduce the incurred cost amount b…
ORS 167.351 Trading in nonambulatory livestock. (1) As used in this section
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(a) “Nonambulatory” means unable to stand or walk unassisted. (b) “Livestock auction market” has the meaning given that term in ORS 599.205. (2) A person commits the crime of trading in nonambulatory livestock if the person knowingly delivers or accepts delivery of a nonambulator…
ORS 167.352 Interfering with an assistance, a search and rescue or a therapy animal. (1) A person commits the crime of interfering with an assistance, a search and rescue or a therapy animal if the person intentionally or knowingly
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(a) Injures or attempts to injure an animal the person knows or reasonably should know is an assistance animal, a search and rescue animal or a therapy animal; (b) Interferes with an assistance animal while the assistance animal is being used to provide assistance to a person wit…
ORS 167.355 Involvement in animal fighting. (1) A person commits the crime of involvement in animal fighting if the person
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(a) Owns or trains an animal with the intention that the animal engage in an exhibition of fighting; (b) Promotes, conducts, participates in or is present as a spectator at an exhibition of fighting or preparations thereto; (c) Keeps or uses, or in any way is connected with or in…
ORS 167.360 Definitions for ORS 167.360 to 167.372. As used in ORS 167.360 to 167.372
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(1) “Breaking stick” means a device designed for insertion behind the molars of a dog for the purpose of breaking the dog’s grip on another animal or object. (2) “Cat mill” means a device that rotates around a central support with one arm designed to secure a dog and one arm desi…
ORS 167.365 Dogfighting. (1) A person commits the crime of dogfighting if the person knowingly does any of the following
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(a) Owns, possesses, keeps, breeds, trains, buys, sells or offers to sell a fighting dog, including but not limited to any advertisement by the person to sell such a dog. (b) Promotes, conducts or participates in, or performs any service in the furtherance of, an exhibition of do…
ORS 167.370 Participation in dogfighting. (1) A person commits the crime of participation in dogfighting if the person knowingly
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(a) Attends or has paid admission at any place for the purpose of viewing or betting upon a dogfight. (b) Advertises or otherwise offers to sell equipment that the person knows or reasonably should know will be used for the purpose of training and handling a fighting dog. (2) Par…
ORS 167.372 Possessing dogfighting paraphernalia. (1) A person commits the crime of possessing dogfighting paraphernalia if the person owns or possesses dogfighting paraphernalia with the intent that the paraphernalia be used to train a dog as a fighting dog or be used in the furtherance of a dogfight
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(2) Possessing dogfighting paraphernalia is a Class C felony. [2005 c.467 §3; 2008 c.42 §2]
ORS 167.374 Possession or control of dogs for purpose of reproduction; records; exceptions. (1) As used in this section
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(a) “Boarding kennel” means a facility that provides care for a fee to dogs that stay at the facility an average of less than 30 days. (b) “Dog” means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies. (c) “Litter” means one or more dogs, sold indiv…
ORS 167.375 [1987 c.249 §4; repealed by 2009 c.550 §7]
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[Repealed or reserved.]
ORS 167.376 Standards of care applicable to dog breeders; records; exceptions. (1) As used in this section
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(a) “Boarding kennel” means a facility that provides care for a fee to dogs that stay at the facility an average of less than 30 days. (b) “Dog” means a member of the subspecies Canis lupus familiaris or a hybrid of that subspecies. (c) “Litter” means one or more dogs, sold indiv…
ORS 167.379 [2001 c.666 §54; repealed by 2005 c.830 §48]
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[Repealed or reserved.]
ORS 167.380 [1987 c.249 §5; repealed by 2001 c.666 §56]
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[Repealed or reserved.]
ORS 167.383 Equine tripping. (1) As used in this section, “equine” means any member of the family Equidae
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(2) Except as provided in subsection (3) of this section, a person commits the offense of equine tripping if, for purposes of a rodeo, contest, exhibition, entertainment or sport or as practice for a rodeo, contest, exhibition, entertainment or sport, the person intentionally rop…
ORS 167.385 Unauthorized use of a livestock animal. (1) A person commits the crime of unauthorized use of a livestock animal when the person knowingly
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(a) Takes, appropriates, obtains or withholds a livestock animal from the owner thereof or derives benefit from a livestock animal without the consent of the owner of the animal; or (b) Takes or holds a livestock animal and thereby obtains the use of the animal to breed, bear or …
ORS 167.387 Definitions for ORS 167.387 and 167.388. As used in this section and ORS 167.388
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(1) “Livestock” has the meaning given in ORS 609.125. (2) “Livestock production facility” means: (a) Any facility or organization engaged in animal breeding, production or processing; or (b) Any facility or institution whose primary purpose is to impound estray animals, as that t…
ORS 167.388 Interference with livestock production. (1) A person commits the crime of interference with livestock production when the person, with the intent to interfere with livestock production
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(a) Takes, appropriates, obtains or withholds livestock from the owner thereof, or causes the loss, death or injury of any livestock maintained at a livestock production facility; (b) Damages, vandalizes or steals any property located on a livestock production facility; or (c) Ob…
ORS 167.390 Commerce in fur of domestic cats and dogs prohibited; exception. (1) A person may not take, buy, sell, barter or otherwise exchange for commerce in fur purposes the raw fur or products that include the fur of a domestic cat or dog if the fur is obtained through a process that kills or maims the cat or dog. As used in this section, “domestic cat or dog” does not include coyote, fox, lynx, bobcat or any other wild or commercially raised wild feline or wild canine species or a hybrid thereof that is not recognized as an endangered species by the United States Fish and Wildlife Service
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(2) Violation of subsection (1) of this section, or any rule promulgated pursuant thereto, is a Class A misdemeanor when the offense is committed with a culpable mental state as defined in ORS 161.085. [1999 c.995 §§1,2]