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 recklessly causes serious physical injury or death to 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 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 167.322, 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.
(5) When animal abuse in the first degree is a felony, the Oregon Criminal Justice Commission shall classify the offense as crime category 6 of the sentencing guidelines grid.
(6) Notwithstanding subsection (5) of this section, when animal abuse in the first degree is a felony because of circumstances described in subsection (4)(b) of this section, the Oregon Criminal Justice Commission shall classify the offense as crime category 7 of the sentencing guidelines grid. [1985 c.662 §3; 2001 c.926 §8; 2003 c.577 §8; 2013 c.719 §2; 2024 c.30 §3]
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:167.320 Source file: ors167.html Pages: Not recorded – Not recorded Passage SHA-256: c90eb528e2ed09fba40ecf8c652b0a7a61a9a891118f76adfa2c87929d383304 Retained source evidence SHA-256: f4f826629425538e2343128bb4dd830f0f037cb4b94695716fb19828f0666290
Source location: ORS 167.320 (all printed versions and notes)
Stored source content
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 recklessly causes serious physical injury or death to 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 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 167.322, 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.
(5) When animal abuse in the first degree is a felony, the Oregon Criminal Justice Commission shall classify the offense as crime category 6 of the sentencing guidelines grid.
(6) Notwithstanding subsection (5) of this section, when animal abuse in the first degree is a felony because of circumstances described in subsection (4)(b) of this section, the Oregon Criminal Justice Commission shall classify the offense as crime category 7 of the sentencing guidelines grid. [1985 c.662 §3; 2001 c.926 §8; 2003 c.577 §8; 2013 c.719 §2; 2024 c.30 §3]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
163.160 Assault in the fourth degree. (1) A person commits the crime of assault in the fourth degree if the person:
(a) Intentionally, knowingly or recklessly causes physical injury to another;
(b) With criminal negligence causes physical injury to another by means of a deadly weapon; or
(c) With criminal negligence causes serious physical injury to another who is a vulnerable user of a public way, as defined in ORS 801.608, by means of a motor vehicle.
(2) Assault in the fourth degree is a Class A misdemeanor.
(3) Notwithstanding subsection (2) of this section, assault in the fourth degree under subsection (1)(a) or (b) of this section is a Class C felony if the person commits the crime of assault in the fourth degree and:
(a) The assault is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child or stepchild or a minor child residing within the household of the person or victim;
(b) The person has been previously convicted of violating this section or ORS 163.165, 163.175, 163.185, 163.187 or 163.190, or of committing an equivalent crime in another jurisdiction, and the victim in the previous conviction is the same person who is the victim of the current crime;
(c) The person has at least three previous convictions for violating this section or ORS 163.165, 163.175, 163.185, 163.187 or 163.190 or for committing an equivalent crime in another jurisdiction, in any combination;
(d) The person commits the assault knowing that the victim is pregnant; or
(e)(A) The assault is committed against a victim who is performing official duties as part of the victim’s employment; and
(B) The person has two or more previous convictions for violating this section or ORS 163.165, 163.175 or 163.185, or for committing an equivalent
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
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