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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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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]
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