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]
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 167 — Offenses Against General Welfare and Animals
2025 EDITION
GENERAL WELFARE AND ANIMAL OFFENSES
CRIMES AND PUNISHMENTS
PROSTITUTION AND RELATED OFFENSES
OBSCENITY AND RELATED OFFENSES
GAMBLING OFFENSES
OFFENSES INVOLVING CONTROLLED SUBSTANCES
OFFENSES AGAINST ANIMALS
OFFENSES INVOLVING FIGHTING BIRDS
OFFENSES INVOLVING UNUSED PROPERTY MARKETS
OFFENSES INVOLVING TOBACCO PRODUCTS AND INHALANT DELIVERY SYSTEMS
MISCELLANEOUS
PROSTITUTION AND RELATED OFFENSES
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Stable record: oregon_criminal_law:legal_authorities:167.315 Source file: ors167.html Pages: Not recorded – Not recorded Passage SHA-256: 8b9fc0780ab37adf361be55a32e7797050482961da7af66fed9b6eb18eb9e2a8 Retained source evidence SHA-256: f4f826629425538e2343128bb4dd830f0f037cb4b94695716fb19828f0666290
Source location: ORS 167.315 (all printed versions and notes)
Stored source content
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]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
167.332 Prohibition against possessing or residing with certain animals; waiver; prohibition modification procedure. (1) Except as provided in subsections (3) and (4) of this section:
(a) In addition to any other penalty imposed by law, a person convicted of violating ORS 167.315, 167.323, 167.324, 167.340 or 167.355 or of a misdemeanor under ORS 167.320, 167.325 or 167.330 or this section may not possess or reside with any animal of the same genus against which the crime was committed, or which the crime involved, or any domestic animal for a period of five years following entry of the conviction.
(b) In addition to any other penalty imposed by law, a person convicted of violating ORS 167.322, 167.333, 167.365 or 167.428 or of a felony under ORS 167.320, 167.325 or 167.330 may not possess or reside with any animal of the same genus against which the crime was committed, or which the crime involved, or any domestic animal for a period of 15 years following entry of the conviction.
(2) Except as provided in subsection (5)(d) of this section, a person who possesses or resides with an animal in violation of this section commits a Class B misdemeanor. When a person is convicted of possessing or residing with an animal in violation of this section, as part of the sentence the court may order the removal of that animal from the person’s possession or residence and as a condition of the person’s probation may prohibit the person from possessing or residing with any animal of the same genus:
(a) That the person unlawfully possessed or resided with under this section;
(b) Against which the underlying violation of ORS 167.315, 167.320, 167.322, 167.325, 167.330, 167.333, 167.340, 167.355, 167.365 or 167.428 or this section was committed; or
(c) Which the underlying violatio
167.335 Exemption from ORS 167.315 to 167.333. (1) Unless gross negligence can be shown, the provisions of ORS 167.315 to 167.333, other than the provisions of ORS 167.332, do not apply to:
(a) The treatment of livestock being transported by owner or common carrier;
(b) Animals involved in rodeos or similar exhibitions;
(c) Commercially grown poultry;
(d) Animals subject to good animal husbandry practices;
(e) The killing of livestock according to the provisions of ORS 603.065;
(f) Animals subject to good veterinary practices as described in ORS 686.030;
(g) Lawful fishing, hunting and trapping activities;
(h) Wildlife management practices under color of law;
(i) Lawful scientific or agricultural research or teaching that involves the use of animals;
(j) Reasonable activities undertaken in connection with the control of vermin or pests; and
(k) Reasonable handling and training techniques.
(2) The provisions of ORS 167.323 and 167.324 do not apply to any exemption listed in subsection (1) of this section or to:
(a) Any activity undertaken in the course of bona fide law enforcement activity;
(b) Any activity necessary to the proper functioning of the criminal justice system;
(c) The disclosure of a visual recording of an act described in ORS 167.322 (1)(a) or (b):
(A) In the course of reporting conduct to a law enforcement agency; or
(B) If the disclosure serves a lawful public interest;
(d) Obtaining, viewing or possessing a visual recording of an act described in ORS 167.322 (1)(a) or (b) as part of a bona fide treatment program for sexual offenders; or
(e) A public library, as defined in ORS 357.400, or a library exempt from taxation under ORS 307.090 or 307.130. [1985 c.662 §6; 1995 c.663 §4; 2001 c.926 §10a; 2018 c.19 §4; 2024 c.41 §6]
167.345 Authority to enter premises or motor vehicle; search warrant; notice of impoundment of animal; damage resulting from entry. (1) As used in this section, “peace officer” has the meaning given that term in ORS 161.015.
(2) If there is probable cause to believe that any animal is being subjected to treatment in violation of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428, a peace officer, after obtaining a search warrant or in any other manner authorized by law, may enter the premises or motor vehicle where the animal is located to provide the animal with food, water and emergency medical treatment and may impound the animal. If after reasonable effort the owner or person having custody of the animal cannot be found and notified of the impoundment, the notice shall be conspicuously posted on the premises or motor vehicle and within 72 hours after the impoundment the notice shall be sent by certified mail to the address, if any, where the animal was impounded.
(3) A peace officer is not liable for any damages for an entry under subsection (2) of this section, unless the damages were caused by the unnecessary actions of the peace officer that were intentional or reckless.
(4)(a) A court may order an animal impounded under subsection (2) of this section to be held at any animal care facility in the state. A facility receiving the animal shall provide adequate food and water and may provide veterinary care.
(b) A court may order a fighting bird impounded under subsection (2) of this section to be held on the property of the owner, possessor or keeper of the fighting bird in accordance with ORS 167.433. [Formerly 167.860; 1993 c.519 §1; 1995 c.663 §5; 2001 c.926 §12; 2009 c.550 §1; 2015 c.177 §1]
167.347 Forfeiture of animal to animal care agency prior to disposition of criminal action. (1)(a) If an animal is impounded pursuant to ORS 167.345 and is being held by a county animal shelter or other animal care agency pending outcome of a criminal action charging a violation of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428, prior to the final disposition of the criminal action, the county or other animal care agency or, on behalf of the county or other animal care agency, the district attorney, may file a petition in the criminal action requesting that the court issue an order forfeiting the animal to the county or other animal care agency prior to the final disposition of the criminal action. The petitioner shall serve a true copy of the petition upon the defendant and, unless the district attorney has filed the petition on behalf of the county or other animal care agency, the district attorney.
(b) A petition may be filed in the criminal action under paragraph (a) of this subsection concerning any animal impounded under ORS 167.345 and held pending the outcome of the criminal action, regardless of whether the specific animal is the subject of a criminal charge, or named in the charging instrument, in the criminal action.
(2)(a) Upon receipt of a petition pursuant to subsection (1) of this section, the court shall set a hearing on the petition. The hearing shall be conducted within 14 days after the filing of the petition, or as soon as practicable.
(b) To provide notice on any potential claimant who may have an interest in any animals impounded pursuant to ORS 167.345 and as an alternate form of service upon a defendant who cannot be personally served as required in subsection (1) of this section, a petitioner may publish notice of the filing of
167.350 Forfeiture of rights in mistreated animal; costs; disposition of animal. (1)(a) In addition to and not in lieu of any other sentence it may impose, a court shall require a defendant convicted under ORS 167.315 to 167.333, 167.340, 167.355 or 167.365 to forfeit any rights of the defendant in the animal subjected to the violation, and to repay the reasonable costs incurred by a government agency, a humane investigation agency or its agent or a person prior to judgment in caring for each animal associated with the criminal proceeding.
(b) If a government agency or a humane investigation agency or its agent provides care and treatment for impounded or seized animals, a court that orders a defendant to repay reasonable costs of care under paragraph (a) of this subsection may not reduce the incurred cost amount based on the agency having received donations or other funding for the care.
(2)(a) When the court orders the defendant’s rights in the animal to be forfeited, the court may further order that those rights be given over to an appropriate person or agency demonstrating a willingness to accept and care for the animal or to the county or an appropriate animal care agency for further disposition in accordance with accepted practices for humane treatment of animals. The court may not transfer the defendant’s rights in the animal to any person who resides with the defendant.
(b) This subsection does not limit the right of the person or agency to whom rights are granted to resell or otherwise make disposition of the animal. A transfer of rights under this subsection constitutes a transfer of ownership. The court shall require a person to whom rights are granted to execute an agreement to provide minimum care to the animal. The agreement must indicate that allowing