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Former prosecutor dedicated to criminal defense.
More than 24 years as an Oregon attorney.
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THE OREGON CRIMINAL LAW GUIDE

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"I defend people facing animal abuse and neglect charges in the State of Oregon."

OREGON ANIMAL OFFENSES

   ORS 167.312 Research and animal interference. (1) A person commits the crime of research and animal interference if the person:

   (a) With the intent to interfere with research, releases, steals or otherwise causes the death, injury or loss of any animal at or from an animal research facility.

   (b) With the intent to interfere with research, damages, vandalizes or steals any property in or on an animal research facility.

   (c) With the intent to interfere with research, obtains access to an animal research facility to perform acts not authorized by that facility.

   (d) Obtains or exerts unauthorized control over records, data, materials, equipment or animals of any animal research facility with the intent to interfere with research by concealing, abandoning or destroying such records, data, materials, equipment or animals.

   (e) With the intent to interfere with research, possesses or uses equipment or animals that the person reasonably believes have been obtained by theft or deception from an animal research facility or without the authorization of an animal research facility.

   (2) For the purposes of this section, “animal research facility” means any facility engaging in legal scientific research or teaching involving the use of animals.

   (3) Research and animal interference is a:

   (a) Class C felony if damage to the animal research facility is $2,500 or more; or

   (b) Class A misdemeanor if there is no damage to the facility or if damage to the animal research facility is less than $2,500.

   (4) Determination of damages to an animal research facility shall be made by the court. In making its determination, the court shall consider the reasonable costs of:

   (a) Replacing lost, injured or destroyed animals;

   (b) Restoring the animal research facility to the approximate condition of the facility before the damage occurred; and

   (c) Replacing damaged or missing records, data, material or equipment.

   (5) In addition to any other penalty imposed for violation of this section, a person convicted of such violation is liable:

   (a) To the owner of the animal for damages, including the costs of restoring the animal to confinement and to its health condition prior to commission of the acts constituting the violation;

   (b) For damages to real and personal property caused by acts constituting the violation; and

   (c) For the costs of repeating an experiment, including the replacement of the animals, labor and materials, if acts constituting the violation cause the failure of an experiment. [1991 c.843 §2; 2001 c.147 §2; 2001 c.554 §1]

POSSIBLE SENTENCE
Probation Usually
Jail Usually
Prison Sometimes

   ORS 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]

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes

   ORS 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 intentionally, knowingly or recklessly:

   (a) Causes serious physical injury to an animal; or

   (b) Cruelly causes the death of 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 two 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. [1985 c.662 §3; 2001 c.926 §8; 2003 c.577 §8]

POSSIBLE SENTENCE
Probation Usually
Jail Usually
Prison Sometimes

   ORS 167.322 Aggravated animal abuse in the first degree. (1) A person commits the crime of aggravated animal abuse in the first degree if the person:

   (a) Maliciously kills an animal; or

   (b) Intentionally or knowingly tortures an animal.

   (2) Aggravated animal abuse in the first degree is a Class C felony.

   (3) As used in this section:

   (a) “Maliciously” means intentionally acting with a depravity of mind and reckless and wanton disregard of life.

   (b) “Torture” means an action taken for the primary purpose of inflicting pain. [1995 c.663 §2; 2001 c.926 §9]

POSSIBLE SENTENCE
Probation Usually
Jail Usually
Prison Sometimes

   ORS 167.325 Animal neglect in the second degree. (1) A person commits the crime of animal neglect in the second degree if, except as otherwise authorized by law, the person intentionally, knowingly, recklessly or with criminal negligence fails to provide minimum care for an animal in such person’s custody or control.

   (2) Animal neglect in the second degree is a Class B misdemeanor. [1985 c.662 §4]

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes

   ORS 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 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.

   (2) Animal neglect in the first degree is a Class A misdemeanor. [1985 c.662 §5; 2001 c.926 §10] 

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes

   ORS 167.333 Sexual assault of an animal. (1) A person commits the crime of sexual assault of an animal if the person:

   (a) Touches or contacts, or causes an object or another person to touch or contact, the mouth, anus or sex organs of an animal or animal carcass for the purpose of arousing or gratifying the sexual desire of a person; or

   (b) Causes an animal or animal carcass to touch or contact the mouth, anus or sex organs of a person for the purpose of arousing or gratifying the sexual desire of a person.

   (2) Subsection (1) of this section does not apply to the use of products derived from animals.

   (3) Sexual assault of an animal is a Class A misdemeanor. [2001 c.926 §5b; 2003 c.428 §1]

POSSIBLE SENTENCE
Probation Usually
Jail Usually

   ORS 167.337 Interfering with law enforcement animal. (1) A person commits the crime of interfering with a law enforcement animal if the person intentionally or knowingly injures or attempts to injure an animal the person knows or reasonably should know is a law enforcement animal while the law enforcement animal is being used in the lawful discharge of its duty.

   (2) Interfering with a law enforcement animal is a Class A misdemeanor. [Formerly 164.369; 2009 c.555 §1; 2011 c.597 §167]

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes

   ORS 167.339 Assaulting a law enforcement animal. (1) A person commits the crime of assaulting a law enforcement animal if:

   (a) The person knowingly causes serious physical injury to or the death of a law enforcement animal, knowing that the animal is a law enforcement animal; and

   (b) The injury or death occurs while the law enforcement animal is being used in the lawful discharge of the animal’s duties.

   (2) Assaulting a law enforcement animal is a Class C felony. [2003 c.543 §3; 2009 c.555 §2; 2011 c.597 §168]

POSSIBLE SENTENCE
Probation Usually
Jail Usually
Prison Sometimes

   ORS 167.340 Animal abandonment. (1) A person commits the crime of animal abandonment if the person intentionally, knowingly, recklessly or with criminal negligence leaves a domestic animal or an equine at a location without providing minimum care.

   (2) It is no defense to the crime defined in subsection (1) of this section that the defendant abandoned the animal at or near an animal shelter, veterinary clinic or other place of shelter if the defendant did not make reasonable arrangements for the care of the animal.

   (3) Animal abandonment is a Class B misdemeanor. [1985 c.662 §8; 2001 c.926 §11; 2009 c.233 §1]

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes

    ORS 167.349 Encouraging animal abuse. (1) A person commits the crime of encouraging animal abuse if the person:

   (a) Obtains a previously abused, neglected or abandoned animal from an animal care agency under ORS 167.348 or the court under ORS 167.350; and

   (b) Knowingly allows the person from whom the animal was forfeited to possess the animal.

   (2) Encouraging animal abuse is a Class C misdemeanor. [2009 c.273 §3]

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes

   ORS 167.355 Involvement in animal fighting. (1) A person commits the crime of involvement in animal fighting if the person:

   (a) Owns or trains an animal with the intention that the animal engage in an exhibition of fighting;

   (b) Promotes, conducts, participates in or is present as a spectator at an exhibition of fighting or preparations thereto;

   (c) Keeps or uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to any place kept or used for the purpose of an exhibition of fighting; or

   (d) Knowingly suffers or permits any place over which the person has possession or control to be occupied, kept or used for the purpose of an exhibition of fighting.

   (2) For purposes of this section:

   (a) “Animal” means any bird, reptile, amphibian, fish or nonhuman mammal, other than a dog or a fighting bird as defined in ORS 167.426.

   (b) “Exhibition of fighting” means a public or private display of combat between two or more animals in which the fighting, killing, maiming or injuring of animals is a significant feature. “Exhibition of fighting” does not include demonstrations of the hunting or tracking skills of an animal or the lawful use of animals for hunting, tracking or self-protection.

   (3) Involvement in animal fighting is a Class C felony. [Formerly 167.865; 1987 c.249 §6; 2003 c.484 §9; 2009 c.796 §2]

POSSIBLE SENTENCE
Probation Usually
Jail Usually
Prison Sometimes

   ORS 167.365 Dogfighting. (1) A person commits the crime of dogfighting if the person knowingly does any of the following:

   (a) Owns, possesses, keeps, breeds, trains, buys, sells or offers to sell a fighting dog, including but not limited to any advertisement by the person to sell such a dog.

   (b) Promotes, conducts or participates in, or performs any service in the furtherance of, an exhibition of dogfighting, including but not limited to refereeing of a dogfight, handling of dogs at a dogfight, transportation of spectators to a dogfight, organizing a dogfight, advertising a dogfight, providing or serving as a stakes holder for any money wagered on a fight.

   (c) Keeps, uses or manages, or accepts payment of admission to, any place kept or used for the purpose of dogfighting.

   (d) Suffers or permits any place over which the person has possession or control to be occupied, kept or used for the purpose of an exhibition of dogfighting.

   (2) Dogfighting is a Class C felony. [1987 c.249 §2]

POSSIBLE SENTENCE
Probation Usually
Jail Usually
Prison Sometimes

   ORS 167.370 Participation in dogfighting. (1) A person commits the crime of participation in dogfighting if the person knowingly:

   (a) Attends or has paid admission at any place for the purpose of viewing or betting upon a dogfight.

   (b) Advertises or otherwise offers to sell equipment that the person knows or reasonably should know will be used for the purpose of training and handling a fighting dog.

   (2) Participation in dogfighting is a Class C felony. [1987 c.249 §3; 2008 c.42 §1]

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes
Prison Rarely

   ORS 167.372 Possessing dogfighting paraphernalia. (1) A person commits the crime of possessing dogfighting paraphernalia if the person owns or possess dogfighting paraphernalia with the intent that the paraphernalia be used to train a dog as a fighting dog or be used in the furtherance of a dogfight.

   (2) Possessing dogfighting paraphernalia is a Class C felony. [2005 c.467 §3; 2008 c.42 §2]

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes
Prison Rarely

 

   ORS 167.428 Cockfighting. (1) A person commits the crime of cockfighting if the person knowingly:

    (a) Owns, possesses, keeps, rears, trains, buys, sells or advertises or otherwise offers to sell a fighting bird.

    (b) Promotes or participates in, or performs services in furtherance of, the conducting of a cockfight. As used in this paragraph, “services in furtherance” includes, but is not limited to, transporting spectators to a cockfight, handling fighting birds, organizing, advertising or refereeing a cockfight and providing, or acting as stakeholder for, money wagered on a cockfight.

    (c) Keeps, uses or manages, or accepts payment of admission to, a place for the conducting of a cockfight.

    (d) Suffers or permits a place in the possession or control of the person to be occupied, kept or used for the conducting of a cockfight.

    (e) Manufactures, buys, sells, barters, exchanges, possesses, advertises or otherwise offers to sell a gaff, slasher or other sharp implement designed for attachment to a fighting bird with the intent that the gaff, slasher or other sharp implement be used in cockfighting.

    (2) Subsection (1)(a) of this section does not apply to the owning, possessing, keeping, rearing, buying, selling, advertising or otherwise offering for sale of a bird for purposes other than training the bird as a fighting bird, using or intending to use the bird in cockfighting or supplying the bird knowing that the bird is intended to be used in cockfighting.

    (3) Cockfighting is a Class C felony. [2003 c.484 §2]

POSSIBLE SENTENCE
Probation Usually
Jail Usually
Prison Sometimes

   ORS 167.431 Participation in cockfighting. (1) A person commits the crime of participation in cockfighting if the person knowingly:

   (a) Attends a cockfight or pays admission at any location to view or bet on a cockfight; or

   (b) Manufactures, buys, sells, barters, exchanges, possesses, advertises or otherwise offers to sell equipment with the intent that the equipment be used in training or handling a fighting bird or for enhancing the fighting ability of a fighting bird. This paragraph does not apply to a gaff, slasher or other sharp implement designed for attachment to a fighting bird.

   (2) Participation in cockfighting is a Class C felony. [2003 c.484 §3; 2009 c.796 §1]

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes
Prison Rarely

David N Lesh
Oregon Defense Lawyer
No cost initial consultation



503.546.2928
434 NW 19th Avenue
Portland, OR  97209


 

David Lesh Mini Biography

Oregon attorney since 1990;

Former drug prosecutor;

Former lawyer to the Portland Police Bureau;

Sought after criminal defense attorney.