Or. Rev. Stat. » Oregon Revised Statutes
Oregon Revised Statutes

Or. Rev. Stat. § 167.315 (2026)

Animal abuse in the second degree

✓ current as of May 2026
Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      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. [1985 c.662 §2]

Notes of Decisions
Cited in 22 cases (3 in the last 5 years), 2000–2022 · leading case: State v. Branstetter, 1 P.3d 451 (Or. Ct. App. 2000).
Sort: Relevance Newest Treatment
State v. Branstetter, 1 P.3d 451 (Or. Ct. App. 2000). · cites it 24× “After defendant was acquitted of violating ORS 167.315, he appealed the forfeiture of his ownership interest in eleven horses and one donkey under ORS 167.”
State v. Branstetter, 45 P.3d 137 (Or. Ct. App. 2002). · cites it 2× “345(2) (1999), [1] which permitted that action, under the authority of a search warrant, if "there is probable cause to believe that any animal is being subjected to treatment in violation of ORS 167.315 to 167.340." Those statutes define the crimes of animal abuse, animal…”
State v. Fessenden / Dicke, 333 P.3d 278 (Or. 2014). “5 See ORS 167.315 to 167.332 (defining violations of animal welfare statutes as misdemeanors, with the exception of ORS 167.”
State v. Branstetter, 29 P.3d 1121 (Or. 2001). “345(2) provides, in part: “If there is probable cause to believe that any animal is being subjected to treatment in violation of ORS 167.315 to 167.340, a peace officer, after obtaining a search warrant in the manner authorized by law, may enter the premises where the animal is…”
State v. Nix, 334 P.3d 437 (Or. 2014). “ORS 167.315. And when a person intentionally, knowingly, or recklessly causes “serious physical injury” or “[c]ruelly causes the death of an animal,” that person commits animal abuse in the first degree.”
State v. Fessenden, 310 P.3d 1163 (Or. Ct. App. 2013). “310(8), ORS 167.315(1), as well as “serious physical injury,” which includes “physical injury that creates a substantial risk of death or that causes *** protracted impairment of health.”
State/Klamath Cnty. v. Hershey, 466 P.3d 987 (Or. Ct. App. 2020). · cites it 3× “345(2) when “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.”
State v. Nix, 283 P.3d 442 (Or. Ct. App. 2012). “350, provides, in part: “(1) In addition to and not in lieu of any other sentence it may impose, a court may require a defendant convicted under ORS 167.315 to 167.333, 167.340, 167.355 or 167.”
City of Lebanon v. Milburn, 398 P.3d 486 (Or. Ct. App. 2017). · cites it 2× “The city charged defendant in the Lebanon Municipal Court with second-degree animal abuse, ORS 167.315 (defining the offense as intentionally, knowingly, or recklessly causing physical injury to an animal).”
State v. Hackett, 502 P.3d 228 (Or. Ct. App. 2021). · cites it 4× “Defendant was charged with second-degree animal abuse, ORS 167.315, based on conduct involving his dog, Bosco.”
Stirton v. Trump, 121 P.3d 714 (Or. Ct. App. 2005). · cites it 3× “705, the justice of the peace had jurisdiction over those charges. ORS 167.345(2) provides, in part, that, “[i]f there is probable cause to believe that any animal is being subjected to treatment in violation of ORS 167.”
State v. Frazey, 125 P.3d 31 (Or. Ct. App. 2005). “175, animal abuse in the second degree, ORS 167.315, and tampering with a witness, ORS 162.”
Show all 22 citing cases →
— Or. Rev. Stat. § 167.315(1) — 3 cases
State v. Fessenden, 310 P.3d 1163 (Or. Ct. App. 2013). “310(8), ORS 167.315(1), as well as “serious physical injury,” which includes “physical injury that creates a substantial risk of death or that causes *** protracted impairment of health.”
State v. Crow, 429 P.3d 1053 (Or. Ct. App. 2018).
State v. Fockler, 480 P.3d 960 (Or. Ct. App. 2021).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.