Oregon
Anti-Cruelty
Statutes1995
OREGON REVISED STATUTES
TITLE 16. CRIMES AND PUNISHMENTS
CHAPTER
167. OFFENSES AGAINST PUBLIC HEALTH, DECENCY AND ANIMALS
OFFENSES AGAINST
ANIMALS 167.310. Definitions for ORS 167.310 to 167.350.
As used in ORS 167.310 to 167.350: (1) "Animal" means any
nonhuman mammal, bird, reptile, amphibian or fish.
(2) "Domestic animal"
means an animal, other than livestock, that is owned or possessed by a person.
(3)
"Good animal husbandry" includes, but is not limited to, the dehorning
of cattle, the docking of horses, sheep or swine, and the castration or neutering
of livestock, according to accepted practices of veterinary medicine or animal
husbandry.
(4) "Livestock" has the meaning provided in ORS 609.125.
(5)
"Minimum care" means care sufficient to preserve the health and well-being
of an animal and, except for emergencies or circumstances beyond the reasonable
control of the owner, includes, but is not limited to, the following requirements: - (a)
Food of sufficient quantity and quality to allow for normal growth or maintenance
of body weight.
- (b) Open or adequate access to potable water in
sufficient quantity to satisfy the animal's needs. Access to snow or ice is not
adequate access to potable water.
- (c) For a domestic animal other
than a dog engaged in herding or protecting livestock, access to a barn, dog house
or other enclosed structure sufficient to protect the animal from wind, rain,
snow or sun and that has adequate bedding to protect against cold and dampness.
- (d)
Veterinary care deemed necessary by a reasonably prudent person to relieve distress
from injury, neglect or disease.
- (e) For a domestic animal, continuous
access to an area: (A) With adequate space for exercise necessary for the health
of the animal; (B) With air temperature suitable for the animal; and (C) Kept
reasonably clean and free from excess waste or other contaminants that could affect
the animal's health.
(6) "Physical injury" means physical
trauma, impairment of physical condition or substantial pain.
(7) "Physical
trauma" means fractures, cuts, punctures, bruises, burns or other wounds.
(8)
"Possess" has the meaning provided in ORS 161.015.
(9) "Serious
physical injury" means physical injury that creates a substantial risk of
death or that causes protracted disfigurement, protracted impairment of health
or protracted loss or impairment of the function of a limb or bodily organ.
167.312.
Research and animal interference.
(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 with research, damages, vandalizes or steals any property
in or on an animal research facility.
- (c) With the intent to interfere
with research, obtains access to an animal research facility to perform acts not
authorized by that facility.
- (d) Obtains or exerts unauthorized
control over records, data, materials, equipment or animals of any animal research
facility with the intent to interfere with research by concealing, abandoning
or destroying such records, data, materials, equipment or animals.
- (e)
With the intent to interfere with research, possesses or uses equipment or animals
that the person reasonably believes have been obtained by theft or deception from
an animal research facility or without the authorization of an animal research
facility.
(2) For the purposes of this section, "animal research
facility" means any facility engaging in legal scientific research or teaching
involving the use of animals.
(3) Research and animal interference is a: - (a)
Class C felony if damage to the animal research facility is $ 2,500 or more; or
- (b)
Class A misdemeanor if there is no damage to the facility or if damage to the
animal research facility is less than $ 2,500.
(4) Determination of
damages to an animal research facility shall be made by the court. In making its
determination, the court shall consider the reasonable costs of: - (a)
Replacing lost, injured or destroyed animals;
- (b) Restoring the
animal research facility to the approximate condition of the facility before the
damage occurred; and(c) Replacing damaged or missing records, data, material or
equipment.
(5) In addition to any other penalty imposed for violation
of this section, a person convicted of such violation is liable: - (a)
To the owner of the animal for damages, including the costs of restoring the animal
to confinement and to its health condition prior to commission of the acts constituting
the violation;
- (b) For damages to real and personal property caused
by acts constituting the violation; and
- (c) For the costs of repeating
an experiment, including the replacement of the animals, labor and materials,
if acts constituting the violation cause the failure of an experiment.
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.
(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.
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
intentionally, knowingly or recklessly:
- (a) Causes serious physical
injury to an animal; or
- (b) Cruelly causes the death of an animal.
(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 animal abuse has previously
been convicted of two or more of the following offenses: (A) Any offense under
ORS 163.160, 163.165, 163.175 or 163.185 or the equivalent laws of another jurisdiction,
if the offense involved domestic violence as defined in ORS 135.230 or the offense
was committed against a minor child; or
(B) Any offense under this section
or ORS 167.322, or the equivalent laws of another jurisdiction; or
- (b)
The person knowingly commits the animal abuse in the immediate presence of a minor
child. For purposes of this paragraph, a minor child is in the immediate presence
of animal abuse if the abuse is seen or directly perceived in any other manner
by the minor child.
167.322. Aggravated animal abuse in the
first degree.
(1) A person commits the crime of aggravated animal abuse
in the first degree if the person: - (a) Maliciously kills an animal;
or
- (b) Intentionally or knowingly tortures an animal.
(2)
Aggravated animal abuse in the first degree is a Class C felony.
(3) As
used in this section: - (a) "Maliciously" means intentionally
acting with a depravity of mind and reckless and wanton disregard of life.
- (b)
"Torture" means an action taken for the primary purpose of inflicting
pain.
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 fails to provide minimum care for an animal in such person's
custody or control.
(2) Animal neglect in the second degree is a Class
B misdemeanor. 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 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.
(2) Animal neglect in the first degree is
a Class A misdemeanor. 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 at
a location without providing for the animal's continued care.
(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) Animal abandonment is a Class B misdemeanor.
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