Title 16, Crimes and Punishments

On and after December 1, 1991, any video lottery game terminal that is not authorized by the Oregon State Lottery Commission must be removed from the State of Oregon. [1991 c.962 §8]

(1) A person commits the crime of cheating if the person, while in the course of participating or attempting to participate in any legal or illegal gambling activity, directly or indirectly: (a) Employs or attempts to employ any device, scheme or artifice to defraud any other par…

As used in ORS 167.212 to 167.252, unless the context requires otherwise: (1) “Apothecary” means a pharmacist, as defined by ORS 689.005, and where the context so requires, the owner of a store or other place of business where controlled substances are compounded or dispensed by …

(1) A person commits the crime of tampering with drug records if the person knowingly: (a) Alters, defaces or removes a controlled substance label affixed by a manufacturer, wholesaler or apothecary, except that it shall not be unlawful for an apothecary to remove or deface such …

(1) A person commits the offense of frequenting a place where controlled substances are used if the person keeps, maintains, frequents, or remains at a place, while knowingly permitting persons to use controlled substances in such place or to keep or sell them in violation of ORS…

(1) Proof of unlawful manufacture, cultivation, transportation or possession of a controlled substance is prima facie evidence of knowledge of its character. (2) Proof of possession of a controlled substance not in the container in which it was originally delivered, sold or dispe…

In any prosecution under ORS 167.212 and 167.222, any exception, excuse, proviso or exemption contained in ORS 475.005 to 475.285 and 475.752 to 475.980 shall be an affirmative defense. [1989 c.791 §16; 1995 c.440 §19; enacted in lieu of 167.242 in 1997]

A district attorney or peace officer charged with the enforcement of ORS 167.212 and 167.222, having personal knowledge or reasonable information that controlled substances are being unlawfully transported or possessed in any boat, vehicle or other conveyance, may search the same…

No person shall be prosecuted under ORS 167.203 to 167.222 if the person has been acquitted or convicted under the federal narcotic laws of the same act or omission which it is alleged constitutes a violation of ORS 167.203 to 167.222. [1971 c.743 §282]

(1) It is unlawful for an adult to knowingly use as an aider or abettor or to knowingly solicit, force, compel, coerce or employ a minor, with or without compensation to the minor: (a) To manufacture a controlled substance or a marijuana item as defined in ORS 475C.009; or (b) To…

The Legislative Assembly finds and declares that: (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…

As used in ORS 167.310 to 167.351: As used in ORS 167.310 to 167.351: (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 …

(1) A person commits the crime of research and animal interference if the person: (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 …

(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. (2) Any practice of good animal husbandry is not a violation of this section. (3) …

(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. (2) Any practice of good animal husbandry is not a violation of this section. (3) Animal abuse…

(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: (a) Tortures an animal; (b) Causes serious physical injury or death to an animal; or (c) Creates a visual recording of a…

(1) A person commits the crime of encouraging aggravated animal abuse in the second degree if the person: (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) Knowing…

(1) A person commits the crime of encouraging aggravated animal abuse in the first degree if the person: (a)(A) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, displays, finances, attempts to finance or sells a visual recording of an act described in O…

(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: (a) Fails to provide minimum care for an animal in such person’s custody or control; or (b…

(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: (a) Fails to provide minimum care for an animal in the person’s custody or control and the …

(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…