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:
(a) 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; or
(b) Tethers a
domestic animal in the person’s custody or control and the tethering results in
serious physical injury or death to the domestic animal.
(2) Animal
neglect in the first degree is a Class A misdemeanor.
(3)
Notwithstanding subsection (2) of this section, animal neglect in the first
degree is a Class C felony if:
(a) The person
committing the offense has previously been convicted of one or more offenses
under this section, ORS 167.325 or the equivalent laws of another jurisdiction;
(b) The offense
was part of a criminal episode involving 10 or more animals;
(c) The person
committing the offense acts intentionally, knowingly or recklessly as to the
serious physical injury or death of the animal; or
(d) The person
knowingly commits the offense in the immediate presence of a minor child. For
purposes of this paragraph, a minor child is in the immediate presence of
animal neglect if the neglect is seen or directly perceived in any other manner
by the minor child.
(4) The Oregon
Criminal Justice Commission shall classify animal neglect in the first degree
under subsection (3) of this section:
(a) As crime
category 6 if 10 to 40 animals were the subject of the neglect.
(b) As crime
category 7 if more than 40 animals were the subject of the neglect or if the
offense is a felony because of circumstances described in subsection (3)(a) or
(d) of this section. [1985 c.662 §5; 2001 c.926 §10; 2013 c.382 §4; 2013 c.719 §5;
2024 c.30 §6]
Notes of Decisions
Cited in
24
cases (
2 in the last 5 years), 1995–2022 · leading case:
State v. Newcomb, 375 P.3d 434 (Or. 2016).
State v. Newcomb, 375 P.3d 434 (Or. 2016).
· cites it 2× “ORS 167.330(1). A person commits second-degree animal neglect if the person, with any of several culpable mental states, “fails to provide minimum care for an animal in [that] person’s custody or control.”
State v. Carlton, 388 P.3d 1093 (Or. 2017).
· cites it 2× “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. Branstetter, 29 P.3d 1121 (Or. 2001).
· cites it 3× “Although the trial court’s forfeiture order was issued during, and had the same case number as, defendant’s prosecution on charges of first-degree animal neglect, ORS 167.330, the forfeiture order was based on a different statute, ORS 167.”
State v. Silver, 391 P.3d 962 (Or. Ct. App. 2017).
· cites it 5× “1 *850 As described above, defendant’s merger argument concerns two counts of first-degree animal abuse under ORS 167.330. Under that statute, first-degree animal abuse is a misdemeanor, unless certain aggravating factors are present, in which case it becomes a Class C felony.”
State v. Branstetter, 45 P.3d 137 (Or. Ct. App. 2002).
· cites it 4× “ORS 167.330. Defendant's trial was scheduled for October 22, 1997.”
State v. Fessenden / Dicke, 333 P.3d 278 (Or. 2014).
· cites it 2× “Defendant Dicke was charged with first-degree animal neglect, ORS 167.330, and first-degree animal abuse, ORS 167.”
State v. Hunter, 918 P.2d 104 (Or. Ct. App. 1996).
· cites it 3× “ORS 167.330. We affirm in part and reverse in part.”
State v. Nix, 334 P.3d 437 (Or. 2014).
· cites it 2× “Defendant was indicted on 23 counts of first-degree animal neglect, ORS 167.330, and 70 counts of second-degree animal neglect, ORS 167.”
State v. Nix, 283 P.3d 442 (Or. Ct. App. 2012).
· cites it 2× “Defendant was indicted on 23 counts of first-degree animal neglect, ORS 167.330, and 70 counts of second-degree animal neglect, ORS 167.”
State v. Fessenden, 310 P.3d 1163 (Or. Ct. App. 2013).
“325(1); ORS 167.330(1). All of those statutes reflect a legislative concern that animals be protected from unnecessary pain, trauma, and suffering, even when they are killed in an otherwise lawful manner.”
State v. Hess, 353 P.3d 1247 (Or. Ct. App. 2015).
“ORS 167.330(1) (2009), amended by Or Laws 2013, ch 382, § 4, established the crime of first-degree animal neglect.”
State v. Silver, 467 P.3d 67 (Or. Ct. App. 2020).
· cites it 8× “Defendant was convicted of one count of felony first-degree animal neglect, ORS 167.330; one count of felony second-degree animal neglect, ORS 167.”
— Or. Rev. Stat. § 167.330(1) — 7 cases
State v. Newcomb, 375 P.3d 434 (Or. 2016).
“ORS 167.330(1). A person commits second-degree animal neglect if the person, with any of several culpable mental states, “fails to provide minimum care for an animal in [that] person’s custody or control.”
State v. Fessenden, 310 P.3d 1163 (Or. Ct. App. 2013).
“325(1); ORS 167.330(1). All of those statutes reflect a legislative concern that animals be protected from unnecessary pain, trauma, and suffering, even when they are killed in an otherwise lawful manner.”
State v. Hess, 353 P.3d 1247 (Or. Ct. App. 2015).
“ORS 167.330(1) (2009), amended by Or Laws 2013, ch 382, § 4, established the crime of first-degree animal neglect.”
— Or. Rev. Stat. § 167.330(1)(a) — 1 case
State v. Silver, 467 P.3d 67 (Or. Ct. App. 2020).
“Defendant was convicted of one count of felony first-degree animal neglect, ORS 167.330; one count of felony second-degree animal neglect, ORS 167.”
— Or. Rev. Stat. § 167.330(2) — 2 cases
State v. Silver, 391 P.3d 962 (Or. Ct. App. 2017).
“1 *850 As described above, defendant’s merger argument concerns two counts of first-degree animal abuse under ORS 167.330. Under that statute, first-degree animal abuse is a misdemeanor, unless certain aggravating factors are present, in which case it becomes a Class C felony.”
State v. Silver, 467 P.3d 67 (Or. Ct. App. 2020).
“Defendant was convicted of one count of felony first-degree animal neglect, ORS 167.330; one count of felony second-degree animal neglect, ORS 167.”
— Or. Rev. Stat. § 167.330(3) — 1 case
State v. Silver, 391 P.3d 962 (Or. Ct. App. 2017).
“1 *850 As described above, defendant’s merger argument concerns two counts of first-degree animal abuse under ORS 167.330. Under that statute, first-degree animal abuse is a misdemeanor, unless certain aggravating factors are present, in which case it becomes a Class C felony.”
— Or. Rev. Stat. § 167.330(3)(b) — 1 case
State v. Silver, 467 P.3d 67 (Or. Ct. App. 2020).
“Defendant was convicted of one count of felony first-degree animal neglect, ORS 167.330; one count of felony second-degree animal neglect, ORS 167.”
— Or. Rev. Stat. § 167.330(4) — 2 cases
State v. Silver, 391 P.3d 962 (Or. Ct. App. 2017).
“1 *850 As described above, defendant’s merger argument concerns two counts of first-degree animal abuse under ORS 167.330. Under that statute, first-degree animal abuse is a misdemeanor, unless certain aggravating factors are present, in which case it becomes a Class C felony.”
State v. Silver, 467 P.3d 67 (Or. Ct. App. 2020).
“Defendant was convicted of one count of felony first-degree animal neglect, ORS 167.330; one count of felony second-degree animal neglect, ORS 167.”
— Or. Rev. Stat. § 167.330(4)(b) — 1 case
State v. Silver, 467 P.3d 67 (Or. Ct. App. 2020).
“Defendant was convicted of one count of felony first-degree animal neglect, ORS 167.330; one count of felony second-degree animal neglect, ORS 167.”
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