Title 16, Crimes and Punishments

(1) Except as provided in subsections (3) and (4) of this section: (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 …

(1) A person commits the crime of sexual assault of an animal if the person: (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 desir…

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] Note: 167.334 was enacted into law by the Legislat…

(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: (a) The treatment of livestock being transported by owner or common carrier; (b) Animals involved in rodeos or similar exhibitions; (c) C…

(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 th…

(1) A person commits the crime of assaulting a law enforcement animal if: (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 enf…

(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. (2) It is no defense to the crime defined in subsection (1) of t…

(1) A person commits the crime of encouraging sexual assault of an animal if the person: (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 wit…

(1) A person commits the offense of unlawful tethering if the person tethers a domestic animal in the person’s custody or control: (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 be…

(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 veter…

(1) As used in this section, “peace officer” has the meaning given that term in ORS 161.015. (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, af…

(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 disposit…

(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, includ…

(1) A person commits the crime of encouraging animal abuse if the person: (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 forfe…

(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 reaso…

(1) As used in this section: (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 accep…

(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: (a) Injures or attempts to injure an animal the person knows or reasonably should know is an assistance animal, a search and rescue …

(1) A person commits the crime of involvement in animal fighting if the person: (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 o…

As used in ORS 167.360 to 167.372: (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 design…

(1) A person commits the crime of dogfighting if the person knowingly does any of the following: (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…

(1) A person commits the crime of participation in dogfighting if the person knowingly: (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 s…

(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. (2) Possessing dogfighting…

(1) As used in this section: (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…

(1) As used in this section: (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…

(1) As used in this section, “equine” means any member of the family Equidae. (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 ro…

(1) A person commits the crime of unauthorized use of a livestock animal when the person knowingly: (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; o…

As used in this section and ORS 167.388: (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 purpos…

(1) A person commits the crime of interference with livestock production when the person, with the intent to interfere with livestock production: (a) Takes, appropriates, obtains or withholds livestock from the owner thereof, or causes the loss, death or injury of any livestock m…

(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 ca…

As used in ORS 167.426 to 167.439: (1) “Cockfight” means a fight between two or more birds that is arranged by a person and that has the purpose or probable result of one bird inflicting injury to another bird. (2) “Constructive possession” means an exercise of dominion and contr…

(1) A person commits the crime of cockfighting if the person knowingly: (a) Owns, possesses, keeps, rears, trains, buys, sells or advertises or otherwise offers to sell a fighting bird. (b) Promotes or participates in, or performs services in furtherance of, the conducting of a c…

(1) A person commits the crime of participation in cockfighting if the person knowingly: (a) Attends a cockfight or pays admission at any location to view or bet on a cockfight; or (b) Manufactures, buys, sells, barters, exchanges, possesses, advertises or otherwise offers to sel…

(1) Pursuant to ORS 133.525 to 133.703, a judge may order the seizure of an alleged fighting bird or source bird owned, possessed or kept by any person. (2) A judge ordering the seizure of an alleged fighting bird or source bird under subsection (1) of this section may order that…

(1) In addition to and not in lieu of any other penalty the court may impose upon a person convicted of cockfighting under ORS 167.428 or participation in cockfighting under ORS 167.431, the court shall include in the judgment an order for forfeiture to the city or county where t…

(1) A peace officer having jurisdiction may, upon probable cause to believe that a bird is a fighting bird or source bird, take constructive possession of the bird on behalf of the law enforcement agency employing the officer. (2) A peace officer who takes constructive possession…

(1) A person commits the crime of forcible recovery of a fighting bird if the person knowingly dispossesses, or knowingly attempts to dispossess, a law enforcement agency of constructive possession of a fighting bird, a source bird or an alleged fighting bird or source bird. (2) …

As used in ORS 167.502, 167.506 and 167.508: (1) “Baby food” or “infant formula” means food manufactured, packaged and labeled specifically for sale for consumption by a child under the age of two years. (2) “Medical device” means an object or substance that is: (a) Required unde…

(1) Except as provided in subsection (2) of this section, a person may not offer for sale or exchange or knowingly permit the sale or exchange of baby food, infant formula, cosmetics, personal care products, nonprescription drugs or medical devices at an unused property market. (…

(1) When a person purchases more than 10 items of new and unused property for resale at an unused property market, the person shall maintain a record for two years after the date of purchase. (2) The record required in subsection (1) of this section must contain: (a) The date of …

(1) ORS 167.502 and 167.506 do not apply to a person who: (a) Sells or exchanges new and unused property that was not produced or manufactured within the last five years as indicated by the style of the packaging or of the material itself; (b) Sells by sample, catalog or brochure…

As used in ORS 167.750 to 167.780: (1) “Inhalant delivery system” has the meaning given that term in ORS 431A.175. (2) “Tobacco products” has the meaning given that term in ORS 431A.175. [2017 c.701 §1]

For purposes of ORS 167.755 and 431A.175, “allows to be sold” includes the negligent omission of an act by a manager or other person who supervises the retail sale of tobacco products or inhalant delivery systems, the commission of which would have prevented the distribution or s…

(1) A person commits the offense of selling tobacco products or inhalant delivery systems to a person under 21 years of age upon the occurrence of one of the following: (a) The person knowingly distributes or sells, or allows to be sold, to a person under 21 years of age, tobacco…

(1) Except as provided in subsection (2) of this section, a person under 21 years of age may not purchase or attempt to purchase tobacco products or an inhalant delivery system. (2) A person under 21 years of age who is acting under the supervision of a person 21 years of age or …

The prohibitions provided in ORS 471.430 (3) and 475C.317 (2) do not apply to a person who is under 21 years of age and who is acting under the direction of the Oregon Health Authority, the Oregon Liquor and Cannabis Commission, a local public health authority as defined in ORS 4…

(1) A person having authority over the location of tobacco products or inhalant delivery systems in a retail store may not locate the tobacco products or inhalant delivery systems in a location in the store where the tobacco products or inhalant delivery systems are accessible by…