167.322
Aggravated animal abuse in the first degree. (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 an act described in paragraph (a) or (b) of this
subsection.
(2) Any practice
of good animal husbandry is not a violation of this section.
(3) Aggravated
animal abuse in the first degree is a Class C felony and the Oregon Criminal
Justice Commission shall classify the offense as crime category 6 of the
sentencing guidelines grid.
(4)
Notwithstanding subsection (3) of this section, the Oregon Criminal Justice
Commission shall classify the offense of aggravated animal abuse in the first
degree as crime category 7 of the sentencing guidelines grid 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 167.320, 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) As used in
this section, “torture” means an action taken for the primary purpose of
inflicting pain. [1995 c.663 §2; 2001 c.926 §9; 2013 c.719 §3; 2024 c.30 §4;
2024 c.41 §2a]
Notes of Decisions
Cited in
18
cases (
5 in the last 5 years), 2001–2025 · leading case:
State v. Wright, 393 P.3d 1192 (Or. Ct. App. 2017).
State v. Wright, 393 P.3d 1192 (Or. Ct. App. 2017).
· cites it 3× ““Maliciously,” as used in ORS 167.322, means “intentionally acting with a depravity of mind and reckless and wanton disregard of life.”
State v. Carlton, 388 P.3d 1093 (Or. 2017).
“320, ORS 167.322, ORS 167.325, or ORS 167.330, “or the equivalent laws of another jurisdiction.”
State v. Belen, 369 P.3d 438 (Or. Ct. App. 2016).
“160 (Count 11); and one count of first-degree aggravated animal abuse, ORS 167.322 (Count 13). Counts 1 through 5 involved the same victim.”
State v. Nix, 334 P.3d 437 (Or. 2014).
“ORS 167.322. In each instance, the offense is committed against “an animal,” and the relative seriousness of the offense is gauged in accordance with the relative degree of harm to or suffering of that animal.”
State v. Fessenden, 310 P.3d 1163 (Or. Ct. App. 2013).
“” ORS 167.322(l)(b), (3)(b). And the animal-neglect statutes seek to ensure that animals are provided with “minimum care,” i.”
State Ex Rel. Juv. Dep't v. O'Farrell, 83 P.3d 931 (Or. Ct. App. 2004).
“In this juvenile delinquency case, youth made inculpatory statements during an interview with police detectives while he was under investigation for conduct that, if committed by an adult, would amount to aggravated animal abuse, ORS 167.322(1)(a). At a subsequent hearing, the…”
State v. Dan, 20 P.3d 829 (Or. Ct. App. 2001).
· cites it 3× “Defendant appeals from convictions for aggravated animal abuse in the first degree, ORS 167.322, unlawful use of a weapon, ORS 166.”
State v. Crow, 429 P.3d 1053 (Or. Ct. App. 2018).
“ORS 167.322(1). Likewise, the length of the prohibition on the possession of animals also corresponds to the degree of harm or suffering experienced by the animal against which the predicate offense was committed.”
State v. Monaco, 561 P.3d 650 (Or. Ct. App. 2024).
“115 (Counts 8 and 9); four counts of first-degree aggravated ani- mal abuse, ORS 167.322 (Counts 12, 13, 14, and 15); and one count of fourth-degree assault constituting domestic vio- lence, ORS 163.”
State v. Monaco, 336 Or. App. 684 (Or. Ct. App. 2024).
“115 (Counts 8 and 9); four counts of first-degree aggravated ani- mal abuse, ORS 167.322 (Counts 12, 13, 14, and 15); and one count of fourth-degree assault constituting domestic vio- lence, ORS 163.”
State v. Sandberg, 342 Or. App. 119 (Or. Ct. App. 2025).
“ORS 167.322(3)(a) (2013), amended by Or Laws 2024, ch 41, § 2 (defining “[m]aliciously” as “intentionally acting with depravity of mind and reckless and wanton disregard of life”).”
State v. Sandberg, 342 Or. App. 119 (Or. Ct. App. 2025).
“ORS 167.322(3)(a) (2013), amended by Or Laws 2024, ch 41, §2 (defining “[m]aliciously” as “intentionally acting with depravity of mind and reckless and wanton disregard of life”).”
— Or. Rev. Stat. § 167.322(1) — 1 case
State v. Crow, 429 P.3d 1053 (Or. Ct. App. 2018).
“ORS 167.322(1). Likewise, the length of the prohibition on the possession of animals also corresponds to the degree of harm or suffering experienced by the animal against which the predicate offense was committed.”
— Or. Rev. Stat. § 167.322(1)(a) — 2 cases
State v. Wright, 393 P.3d 1192 (Or. Ct. App. 2017).
““Maliciously,” as used in ORS 167.322, means “intentionally acting with a depravity of mind and reckless and wanton disregard of life.”
State Ex Rel. Juv. Dep't v. O'Farrell, 83 P.3d 931 (Or. Ct. App. 2004).
“In this juvenile delinquency case, youth made inculpatory statements during an interview with police detectives while he was under investigation for conduct that, if committed by an adult, would amount to aggravated animal abuse, ORS 167.322(1)(a). At a subsequent hearing, the…”
— Or. Rev. Stat. § 167.322(3)(a) — 4 cases
State v. Wright, 393 P.3d 1192 (Or. Ct. App. 2017).
““Maliciously,” as used in ORS 167.322, means “intentionally acting with a depravity of mind and reckless and wanton disregard of life.”
State v. Sandberg, 342 Or. App. 119 (Or. Ct. App. 2025).
“ORS 167.322(3)(a) (2013), amended by Or Laws 2024, ch 41, § 2 (defining “[m]aliciously” as “intentionally acting with depravity of mind and reckless and wanton disregard of life”).”
State v. Sandberg, 342 Or. App. 119 (Or. Ct. App. 2025).
“ORS 167.322(3)(a) (2013), amended by Or Laws 2024, ch 41, §2 (defining “[m]aliciously” as “intentionally acting with depravity of mind and reckless and wanton disregard of life”).”
— Or. Rev. Stat. § 167.322(l)(a) — 1 case
— Or. Rev. Stat. § 167.322(l)(b) — 1 case
State v. Fessenden, 310 P.3d 1163 (Or. Ct. App. 2013).
“” ORS 167.322(l)(b), (3)(b). And the animal-neglect statutes seek to ensure that animals are provided with “minimum care,” i.”
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