167.323 Encouraging aggravated animal abuse in the second degree. (1) A person commits the crime of encouraging aggravated animal abuse in the second degree if the person:
(a)(A)(i) Knowingly possesses or controls, or knowingly accesses with the intent to view, a visual recording of an act described in ORS 167.322 (1)(a) or (b); or
(ii) Knowingly pays, exchanges or gives anything of value to obtain or view a visual recording of an act described in ORS 167.322 (1)(a) or (b); and
(B) Knows or is aware of and consciously disregards the fact that creation of the visual recording of an act described in ORS 167.322 (1)(a) or (b) involved aggravated animal abuse; or
(b)(A) Knowingly pays, exchanges or gives anything of value to observe an act described in ORS 167.322 (1)(a) or (b) or knowingly observes an act described in ORS 167.322 (1)(a) or (b); and
(B) Knows or is aware of a substantial and unjustifiable risk that an act described in ORS 167.322 (1)(a) or (b) constitutes aggravated animal abuse.
(2) Encouraging aggravated animal abuse in the second degree is a Class B misdemeanor. [2024 c.41 §5]
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:167.323 Source file: ors167.html Pages: Not recorded – Not recorded Passage SHA-256: fe6c097e5f8ac2f9702609c374557ed392781babfadcf3642e0237dba85dabff Retained source evidence SHA-256: f4f826629425538e2343128bb4dd830f0f037cb4b94695716fb19828f0666290
Source location: ORS 167.323 (all printed versions and notes)
Stored source content
167.323 Encouraging aggravated animal abuse in the second degree. (1) A person commits the crime of encouraging aggravated animal abuse in the second degree if the person:
(a)(A)(i) Knowingly possesses or controls, or knowingly accesses with the intent to view, a visual recording of an act described in ORS 167.322 (1)(a) or (b); or
(ii) Knowingly pays, exchanges or gives anything of value to obtain or view a visual recording of an act described in ORS 167.322 (1)(a) or (b); and
(B) Knows or is aware of and consciously disregards the fact that creation of the visual recording of an act described in ORS 167.322 (1)(a) or (b) involved aggravated animal abuse; or
(b)(A) Knowingly pays, exchanges or gives anything of value to observe an act described in ORS 167.322 (1)(a) or (b) or knowingly observes an act described in ORS 167.322 (1)(a) or (b); and
(B) Knows or is aware of a substantial and unjustifiable risk that an act described in ORS 167.322 (1)(a) or (b) constitutes aggravated animal abuse.
(2) Encouraging aggravated animal abuse in the second degree is a Class B misdemeanor. [2024 c.41 §5]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
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
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]