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 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]
Notes of Decisions
Cited in
17
cases (
2 in the last 5 years), 1988–2022 · leading case:
State v. Carlton, 388 P.3d 1093 (Or. 2017).
State v. Carlton, 388 P.3d 1093 (Or. 2017).
· cites it 2× “” For example, ORS 167.320, ORS 167.325, and ORS 167.330, all relating to animal abuse and neglect, provide an enhanced penalty if the offender has a previous conviction under ORS 167.”
State v. Wagner, 752 P.2d 1136 (Or. 1988).
· cites it 2× “[1] See ORS 167.320, which makes criminal "animal abuse" by seriously injuring or cruelly killing an animal.”
State v. Phillips, 503 P.3d 1282 (Or. Ct. App. 2022).
· cites it 3× “In other words, the evidence must allow for the inference that the defendant had no other course of 2 On the contrary, as defendant points out, the legislative history of ORS 167.320 indicates that the legislature was told that the law would “[a]llow[ ] for [a] defense of ending…”
State v. Fessenden / Dicke, 333 P.3d 278 (Or. 2014).
· cites it 2× “330, and first-degree animal abuse, ORS 167.320. 1 Defendant Fessenden was charged with second-degree animal neglect, ORS 167.”
State v. Nix, 334 P.3d 437 (Or. 2014).
“ORS 167.320. Finally, when a person “[mjaliciously kills an animal” or “[intentionally or knowingly tortures an animal,” that person commits the offense of aggravated animal abuse in the first degree, a Class C felony.”
State v. Fessenden, 310 P.3d 1163 (Or. Ct. App. 2013).
“” ORS 167.320(l)(b) (defining first-degree animal abuse).”
State v. Nix, 283 P.3d 442 (Or. Ct. App. 2012).
“330 (animal neglect in the first degree); ORS 167.320 (animal abuse in the first degree); ORS 167.”
State v. Crow, 429 P.3d 1053 (Or. Ct. App. 2018).
· cites it 2× “ORS 167.320(1). 4 Finally, when a person "[m]aliciously kills an animal" or "[i]ntentionally or knowingly tortures an animal," that person commits the crime of first-degree aggravated animal abuse, a Class C felony.”
State v. Dicke, 310 P.3d 1170 (Or. Ct. App. 2013).
“330, and first-degree animal abuse, ORS 167.320, in association with having allowed her horse to become so severely emaciated that it was at imminent risk of dying.”
State v. Thomas, 63 P.3d 1242 (Or. Ct. App. 2003).
· cites it 5× “By indictment, the state charged defendant with committing first-degree animal abuse, ORS 167.320, and unlawful use of a weapon, ORS 166.”
State v. Pinard, 300 P.3d 177 (Or. Ct. App. 2013).
· cites it 4× “322 (Count 1) and two counts of first-degree animal abuse under ORS 167.320 (Counts 3 and 4). On appeal, defendant initially argues that he was entitled to a judgment of acquittal on Count 1, which alleged that defendant killed the dog, and on Count 4, which alleged that…”
State v. Carlton (Or. 2017).
· cites it 2× “” For example, ORS 167.320, ORS 167.325, and ORS 167.330, all relating to animal abuse and neglect, provide an enhanced penalty if the offender has a previous conviction under ORS 167.”
— Or. Rev. Stat. § 167.320(1) — 2 cases
State v. Crow, 429 P.3d 1053 (Or. Ct. App. 2018).
“ORS 167.320(1). 4 Finally, when a person "[m]aliciously kills an animal" or "[i]ntentionally or knowingly tortures an animal," that person commits the crime of first-degree aggravated animal abuse, a Class C felony.”
State v. Thomas, 63 P.3d 1242 (Or. Ct. App. 2003).
“By indictment, the state charged defendant with committing first-degree animal abuse, ORS 167.320, and unlawful use of a weapon, ORS 166.”
— Or. Rev. Stat. § 167.320(1)(a) — 1 case
State v. Phillips, 503 P.3d 1282 (Or. Ct. App. 2022).
“In other words, the evidence must allow for the inference that the defendant had no other course of 2 On the contrary, as defendant points out, the legislative history of ORS 167.320 indicates that the legislature was told that the law would “[a]llow[ ] for [a] defense of ending…”
— Or. Rev. Stat. § 167.320(3) — 1 case
— Or. Rev. Stat. § 167.320(4) — 1 case
State v. Crow, 429 P.3d 1053 (Or. Ct. App. 2018).
“ORS 167.320(1). 4 Finally, when a person "[m]aliciously kills an animal" or "[i]ntentionally or knowingly tortures an animal," that person commits the crime of first-degree aggravated animal abuse, a Class C felony.”
— Or. Rev. Stat. § 167.320(l)(b) — 2 cases
State v. Fessenden, 310 P.3d 1163 (Or. Ct. App. 2013).
“” ORS 167.320(l)(b) (defining first-degree animal abuse).”
State v. Pinard, 300 P.3d 177 (Or. Ct. App. 2013).
“322 (Count 1) and two counts of first-degree animal abuse under ORS 167.320 (Counts 3 and 4). On appeal, defendant initially argues that he was entitled to a judgment of acquittal on Count 1, which alleged that defendant killed the dog, and on Count 4, which alleged that…”
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