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
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:167.332 Source file: ors167.html Pages: Not recorded – Not recorded Passage SHA-256: 81b1be65d9eb15dde888109794f49dfaf504a47adf9d11ddcadb2169211031cd Retained source evidence SHA-256: f4f826629425538e2343128bb4dd830f0f037cb4b94695716fb19828f0666290
Source location: ORS 167.332 (all printed versions and notes)
Stored source content
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 violation of ORS 167.323 or 167.324 involved.
(3) The prohibition described in subsection (1) of this section does not apply to a person’s first conviction if the person is the owner of a commercial livestock operation and the underlying violation of ORS 167.315, 167.320, 167.322, 167.323, 167.324, 167.325, 167.330, 167.333, 167.340, 167.355, 167.365 or 167.428 was committed against or involved livestock.
(4)(a) A person subject to a prohibition described in subsection (1) of this section may file a motion with the sentencing court requesting a waiver of the prohibition. The person must file a sworn affidavit in support of the motion stating that:
(A) The person’s conviction leading to the prohibition involved only livestock;
(B) During the two years before the conviction triggering the prohibition, the person was the owner of a commercial livestock operation;
(C) The person has not been convicted, in the previous five years, of a crime involving animals or domestic violence or a crime where the victim was under 18 years of age; and
(D) The person’s conviction was the result of:
(i) Criminal liability for the conduct of another person under ORS 161.155 (2)(c);
(ii) Criminal liability of a corporation as described in ORS 161.170, and the person is a corporation; or
(iii) Animal neglect as described in ORS 167.325 or 167.330 and the person’s criminal conduct was not knowing or intentional.
(b) When a person files a motion and affidavit described in paragraph (a) of this subsection, the sentencing court shall hold a hearing. At the hearing, the sentencing court shall grant the motion if the person proves by clear and convincing evidence that:
(A) Continued enforcement of the prohibition against possessing or residing with livestock would result in substantial economic hardship that cannot otherwise be mitigated;
(B) The person no longer poses any risk to animals; and
(C) The person is capable of providing and willing to provide necessary, adequate and appropriate levels of care for all livestock that would come within the person’s custody or control if the petition is granted.
(c) When deciding a motion filed under this subsection, the sentencing court may consider the person’s financial circumstances and mental health in determining whether the person is capable of adequately caring for livestock.
(d) If the sentencing court grants the motion described in this subsection, the waiver of the prohibition against possessing or residing with animals shall apply only to livestock. The sentencing court shall further order that for five years the person must consent to reasonable inspections by law enforcement and the United States Department of Agriculture to ensure the welfare of the livestock under the person’s custody or control. A refusal to consent to a reasonable inspection described in this paragraph is contempt of court and, if the person is found in contempt, shall result in the sentencing court revoking the waiver of the prohibition.
(e) As used in this subsection, “commercial livestock operation” means a licensed business engaged in the raising, breeding or selling of livestock for profit.
(5)(a) A person subject to a prohibition described in subsection (1) of this section may file a motion with the sentencing court requesting a termination of the prohibition, a reduction in the length of the prohibition or an amendment of the prohibition to exclude certain categories of animals or certain specific animals, unless the underlying conviction was for intentional or knowing conduct. The person must:
(A) File a sworn affidavit in support of the motion stating that, apart from the underlying offense, the person has not been previously convicted of a violation of ORS 167.315, 167.333, 167.340, 167.355, 167.365 or 167.428, of a misdemeanor or a felony under ORS 167.320, 167.325 or 167.330, or of a violation of the equivalent laws of another jurisdiction.
(B) Serve a copy of the motion upon the office of the prosecuting attorney who prosecuted the offense.
(b) When a person files a motion described in paragraph (a) of this subsection, the sentencing court shall hold a hearing. At the hearing, the sentencing court shall consider:
(A) The nature of the underlying offense;
(B) The number of animals involved in the underlying offense;
(C) The degree of violence and criminal intent involved in the underlying offense;
(D) Other criminal and relevant noncriminal behavior of the person both before and after the underlying conviction;
(E) The period of time during which the person has not reoffended;
(F) Whether the person has successfully completed a court-approved treatment program related to animal care and welfare; and
(G) Any other relevant factors.
(c) If, after a hearing described in paragraph (b) of this subsection, the sentencing court is satisfied by clear and convincing evidence that the person no longer poses any risk to animals under the person’s custody or control, the sentencing court shall:
(A) Enter an order terminating the prohibition, reducing the length of the prohibition, amending the prohibition to exclude certain categories of animals or amending the prohibition to exclude certain specific animals.
(B) Order that, for five years, the person must consent to reasonable inspections by law enforcement and the United States Department of Agriculture to ensure the welfare of any animals under the person’s custody or control. A refusal to consent to a reasonable inspection described in this subparagraph constitutes contempt of court and, if the person is found in contempt, shall result in the sentencing court revoking the order described in subparagraph (A) of this paragraph.
(d) A person whose motion under this subsection has been granted and who possesses or resides with an animal in violation of an order described in paragraph (c)(A) of this subsection commits a Class A misdemeanor. If a person is convicted of a violation described in this paragraph, as part of the sentence the sentencing court may order the removal of the animal from the person’s possession or residence. [2001 c.926 §3; 2009 c.486 §1; 2013 c.719 §6; 2015 c.324 §4; 2017 c.677 §3; 2024 c.30 §7; 2024 c.41 §7]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
161.155 Criminal liability for conduct of another. A person is criminally liable for the conduct of another person constituting a crime if:
(1) The person is made criminally liable by the statute defining the crime; or
(2) With the intent to promote or facilitate the commission of the crime the person:
(a) Solicits or commands such other person to commit the crime; or
(b) Aids or abets or agrees or attempts to aid or abet such other person in planning or committing the crime; or
(c) Having a legal duty to prevent the commission of the crime, fails to make an effort the person is legally required to make. [1971 c.743 §13]
161.170 Criminal liability of corporations. (1) A corporation is guilty of an offense if:
(a) The conduct constituting the offense is engaged in by an agent of the corporation while acting within the scope of employment and in behalf of the corporation and the offense is a misdemeanor or a violation, or the offense is one defined by a statute that clearly indicates a legislative intent to impose criminal liability on a corporation; or
(b) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; or
(c) The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded or knowingly tolerated by the board of directors or by a high managerial agent acting within the scope of employment and in behalf of the corporation.
(2) As used in this section:
(a) “Agent” means any director, officer or employee of a corporation, or any other person who is authorized to act in behalf of the corporation.
(b) “High managerial agent” means an officer of a corporation who exercises authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees, or any other agent in a position of comparable authority. [1971 c.743 §16]
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]
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]
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
167.323 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]
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]
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]