ORS 167.320: Animal abuse in the first degree.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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 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 one or more of the following offenses: (A) Any offense under ORS 163.160, 163.165, 163.175, 163.185 or 163.187 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. (5) When animal abuse in the first degree is a felony, the Oregon Criminal Justice Commission shall classify the offense as crime category 6 of the sentencing guidelines grid. (6) Notwithstanding subsection (5) of this section, when animal abuse in the first degree is a felony because of circumstances described in subsection (4)(b) of this section, the Oregon Criminal Justice Commission shall classify the offense as crime category 7 of the sentencing guidelines grid. [1985 c.662 §3; 2001 c.926 §8; 2003 c.577 §8; 2013 c.719 §2; 2024 c.30 §3]
This rule cites
- ORS 163.160 — resolved
- 163.165 — resolved
- 163.175 — resolved
- 163.185 — resolved
- 163.187 — resolved
- ORS 135.230 — resolved
- ORS 167.322 — resolved
Cited by
- ORS 131.602: Prohibited conduct for purposes of instrumentalities of crime.
- ORS 167.322: Aggravated animal abuse in the first degree.
- ORS 167.332: Prohibition against possessing or residing with certain animals; waiver; prohibition modification procedure.
- ORS 609.656: Regulated social worker reporting of abuse or neglect; immunity.
- OAR 213-003-0001: Definitions
- OAR 213-017-0006: Crime Category 6
- OAR 407-007-0041: Potentially Disqualifying Convictions
- OAR 407-007-0281: Temporary rule language in effect until 12/01/2026. Potentially Disqualifying Convictions
- OAR 575-007-0280: Potentially Disqualifying Crimes
- OAR 863-005-0030: Crimes Relevant to a Criminal Background Fitness Determination
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors167.html