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:
(a) Fails to provide minimum care for an animal in such person’s custody or control; or
(b) Tethers a domestic animal in the person’s custody or control and the tethering results in physical injury to the domestic animal.
(2) Animal neglect in the second degree is a Class B misdemeanor.
(3) Notwithstanding subsection (2) of this section, animal neglect in the second degree is a Class C felony if:
(a) The person committing the offense has previously been convicted of two or more offenses under this section, ORS 167.330 or the equivalent laws of another jurisdiction;
(b) The offense was part of a criminal episode involving 11 or more animals; or
(c) The person knowingly commits the offense in the immediate presence of a minor child and the person has one or more previous convictions for an offense involving domestic violence as defined in ORS 135.230. For purposes of this paragraph, a minor child is in the immediate presence of animal neglect if the neglect is seen or directly perceived in any other manner by the minor child.
(4) The Oregon Criminal Justice Commission shall classify animal neglect in the second degree under subsection (3) of this section:
(a) As crime category 6 if 11 to 40 animals were the subject of the neglect.
(b) As crime category 7 if more than 40 animals were the subject of the neglect or if the offense is a felony because of circumstances described in subsection (3)(a) or (c) of this section. [1985 c.662 §4; 2013 c.382 §5; 2013 c.719 §4]
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:167.325 Source file: ors167.html Pages: Not recorded – Not recorded Passage SHA-256: 38e2601b2a7c5af3c3b3e38185a74e47b441d0263a5cead63f963f94ec6b677d Retained source evidence SHA-256: f4f826629425538e2343128bb4dd830f0f037cb4b94695716fb19828f0666290
Source location: ORS 167.325 (all printed versions and notes)
Stored source content
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:
(a) Fails to provide minimum care for an animal in such person’s custody or control; or
(b) Tethers a domestic animal in the person’s custody or control and the tethering results in physical injury to the domestic animal.
(2) Animal neglect in the second degree is a Class B misdemeanor.
(3) Notwithstanding subsection (2) of this section, animal neglect in the second degree is a Class C felony if:
(a) The person committing the offense has previously been convicted of two or more offenses under this section, ORS 167.330 or the equivalent laws of another jurisdiction;
(b) The offense was part of a criminal episode involving 11 or more animals; or
(c) The person knowingly commits the offense in the immediate presence of a minor child and the person has one or more previous convictions for an offense involving domestic violence as defined in ORS 135.230. For purposes of this paragraph, a minor child is in the immediate presence of animal neglect if the neglect is seen or directly perceived in any other manner by the minor child.
(4) The Oregon Criminal Justice Commission shall classify animal neglect in the second degree under subsection (3) of this section:
(a) As crime category 6 if 11 to 40 animals were the subject of the neglect.
(b) As crime category 7 if more than 40 animals were the subject of the neglect or if the offense is a felony because of circumstances described in subsection (3)(a) or (c) of this section. [1985 c.662 §4; 2013 c.382 §5; 2013 c.719 §4]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
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:
(a) 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; or
(b) Tethers a domestic animal in the person’s custody or control and the tethering results in serious physical injury or death to the domestic animal.
(2) Animal neglect in the first degree is a Class A misdemeanor.
(3) Notwithstanding subsection (2) of this section, animal neglect in the first degree is a Class C felony if:
(a) The person committing the offense has previously been convicted of one or more offenses under this section, ORS 167.325 or the equivalent laws of another jurisdiction;
(b) The offense was part of a criminal episode involving 10 or more animals;
(c) The person committing the offense acts intentionally, knowingly or recklessly as to the serious physical injury or death of the animal; or
(d) The person knowingly commits the offense in the immediate presence of a minor child. For purposes of this paragraph, a minor child is in the immediate presence of animal neglect if the neglect is seen or directly perceived in any other manner by the minor child.
(4) The Oregon Criminal Justice Commission shall classify animal neglect in the first degree under subsection (3) of this section:
(a) As crime category 6 if 10 to 40 animals were the subject of the neglect.
(b) As crime category 7 if more than 40 animals were the subject of the neglect or if the offense is a felony because of circumstances described in subsection (3)(a) or (d) of this sect
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