TITLE 14. PROCEDURE IN CRIMINAL MATTERS GENERALLY
CHAPTER 133. ARREST AND RELATED PROCEDURES; SEARCH AND SEIZURE; EXTRADITION ARREST
133.377. Arrest of persons for cruelty to animals; immunity of peace officer providing care for animal.
(1) Any person violating ORS 167.315 to 167.330 and 167.340 may be arrested and held without warrant, in the same manner as in the case of persons found breaking the peace.
(2) The person making the arrest, with or without warrant, shall use reasonable diligence to give notice thereof to the owners of the animals found in the charge of the person arrested, and shall properly care and provide for such animals until the owners or their duly authorized agents take charge of them; provided, such owners or agents shall claim and take charge of the animals within 60 days from the date of said notice.
(3) The person making such arrest shall have a lien upon the animals for the expense of such care and provisions.
(4) Any peace officer who cares or provides for an animal pursuant to this section and any person into whose care an animal is delivered by a peace officer acting under this section shall be immune from civil or criminal liability based upon an allegation that such care was negligently provided.
133.379. Duty of peace officer to arrest and prosecute violators of cruelty to animals laws; disposition of fines.
(1) It shall be the duty of any peace officer to arrest and prosecute any violator of ORS 167.315 to 167.330 and 167.340 for any violation which comes to the knowledge or notice of the officer.
(2) All fines and forfeitures collected for violations of ORS 167.315 to 167.330 and 167.340, except for forfeitures of the animal as provided under ORS 167.350, shall be paid into the county treasury of the county in which it is collected, and placed to the credit of the county school fund.
TITLE 16. CRIMES AND PUNISHMENTS
CHAPTER 167. OFFENSES AGAINST PUBLIC HEALTH, DECENCY AND ANIMALS
167.310. Definitions for ORS 167.310 to 167.350.
As used in ORS 167.310 to 167.350:
(1) "Animal" means any nonhuman mammal, bird, reptile, amphibian or fish.
(2) "Good animal husbandry" includes, but is not limited to the dehorning of cattle, the docking of horses, sheep or swine, and the castration or neutering of livestock, according to accepted practices of veterinary medicine or animal husbandry.
(3) "Livestock" has the meaning provided in ORS 609.010.
(4) "Pet or domestic animal" means any animal that is owned or possessed by a person, other than livestock or poultry.
(5) "Physical injury" has the meaning provided in ORS 161.015.
(6) "Possess" has the meaning provided in ORS 161.015.
(7) "Serious physical injury" has the meaning provided in ORS 161.015.
(8) As used in ORS 167.325 and 167.330, "Minimum care" means care sufficient to preserve the health and well-being of an animal and, except for emergencies or circumstances beyond the reasonable control of the owner, includes, but is not limited to, the following requirements:
(a) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight.
(b) Open or adequate access to potable water in sufficient quantity to satisfy the animal's needs. Snow or ice is not an adequate water source.
(c) In the case of pet or domestic animals, access to a barn, dog house or other enclosed structure sufficient to protect the animal from wind, rain, snow or sun and which has adequate bedding to protect against cold and dampness.
(d) Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease.
(e) Pet or domestic animals shall not be confined to an area without adequate space for exercise necessary for the health of the animal or which does not allow access to a dry place for the animal to rest. The air temperature in a confinement area must be suitable for the animal involved. Confinement areas must be kept reasonably clean and free from excess waste or other contaminants which could affect the animal's health.
167.312. Research and animal interference.
(1) A person commits the crime of research and animal interference if the person knowingly does any of the following:
(a) Releases, steals or otherwise causes the death, injury or loss of any animal at or from an animal research facility, other than death, injury or loss incurred during or as the result of legitimate animal medical research and experimentation.
(b) Damages, vandalizes or steals any property in or on an animal research facility for the purpose of damaging, destroying or delaying animal medical research or experimentation.
(c) Obtains access to an animal research facility by misrepresentation for the purpose of performing acts not authorized by that facility.
(d) Enters an animal research facility to destroy, alter, duplicate or obtain unauthorized possession of records, data, materials, equipment or animals.
(e) Obtains or exerts unauthorized control over records, data, materials, equipment or animals of any animal research facility for the purpose of using, concealing, abandoning or destroying such records, data, materials, equipment or animals.
(f) Possesses or uses equipment or animals that the person reasonably believes have been obtained by theft or deception from an animal research facility or without the authorization of an animal research facility.
(2) For the purposes of this section, "animal research facility" means any facility engaging in legal scientific or agricultural research or teaching involving the use of animals.
(3) Research and animal interference is a Class C felony.
(4) In addition to any other penalty imposed for violation of this section, a person convicted of such violation is liable:
(a) To the owner of the animal for damages, including the costs of restoring the animal to confinement and to its health condition prior to commission of the acts constituting the violation;
(b) For damages to real and personal property caused by acts constituting the violation; and
(c) The costs of repeating an experiment, including the replacement of the animals, labor and materials, if acts constituting the violation cause the failure of an experiment.
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.
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 intentionally, knowingly or recklessly:
(a) Causes serious physical injury to an animal; or
(b) Cruelly causes the death of 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.
167.322. Aggravated animal abuse in the first degree.
(1) A person commits the crime of aggravated animal abuse in the first degree if the person:
(a) Maliciously kills an animal; or
(b) Intentionally or knowingly tortures an animal.
(2) Aggravated animal abuse in the first degree is a Class C felony.
(3) As used in this section, "maliciously" means intentionally acting with a depravity of mind and reckless and wanton disregard of life.
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 fails to provide minimum care for an animal in such person's custody or control.
(2) Animal neglect in the second degree is a Class B misdemeanor.
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 such person's custody or control; and
(b) Such failure to provide care results in serious physical injury or death to the animal.
(2) Animal neglect in the first degree is a Class A misdemeanor.
167.335. Exemption from ORS 167.315 to 167.330.
Unless gross negligence can be shown, the provisions of ORS 167.315 to 167.330 shall not apply to:
(1) The treatment of livestock being transported by owner or common carrier;
(2) Animals involved in rodeos or similar exhibitions;
(3) Commercially grown poultry;
(4) Animals subject to good animal husbandry practices;
(5) The killing of livestock according to the provisions of ORS 603.065;
(6) Animals subject to good veterinary practices as described in ORS 686.030;
(7) Lawful fishing, hunting and trapping activities;
(8) Wildlife management practices under color of law; and
(9) Lawful scientific or agricultural research or teaching that involves the use of animals.
167.340. Animal abandonment.
(1) A person commits the crime of animal abandonment if the person intentionally, knowingly, recklessly or with criminal negligence leaves a domesticated animal at a location without providing for the animal's continued care.
(2) It is no defense to the crime defined in subsection (1) of this section that the defendant abandoned the animal at or near an animal shelter, veterinary clinic or other place of shelter if the defendant did not make reasonable arrangements for the care of the animal.
(3) Animal abandonment is a Class C misdemeanor.
167.345. Authority to enter premises; search warrant; notice of impoundment of animal.
(1) If there are exigent circumstances and probable cause to believe that any animal is being impounded or confined without minimum care for more than 24 consecutive hours, without medical cause, a peace officer, as defined in ORS 161.015, may enter the premises where the animal is being held and provide the animal with water, food or emergency on-site first aid treatment. The peace officer shall not be liable for any damages for such entry, unless the damages were caused by the unnecessary actions of the peace officer that were intentional or reckless.
(2) If there is probable cause to believe that any animal is being subjected to treatment in violation of ORS 167.315 to 167.340, a peace officer, after obtaining a search warrant in the manner authorized by law, may enter the premises where the animal is being held, provide food and water and impound such animal. If after reasonable search the owner or person having custody of such animal cannot be found and notified of the impoundment, such notice shall be conspicuously posted on such premises and within 72 hours after the impoundment such notice shall be sent by certified mail to the address, if any, at which the animal was impounded.
(3) 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.
167.347. Forfeiture of animal to animal care agency prior to disposition of criminal charge.
(1) If any animal is impounded pursuant to ORS 167.345 (2) and is being held by a county animal shelter or other animal care agency pending outcome of criminal action charging a violation of ORS 167.310 to 167.340, prior to final disposition of the criminal charge, the county or other animal care agency 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 final disposition of the criminal charge. The petitioner shall serve a true copy of the petition upon the defendant and the district attorney.
(2) 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 of the filing of the petition, or as soon as practicable.
(3)(a) At a hearing conducted pursuant to subsection (2) of this section, the petitioner shall have the burden of establishing probable cause to believe that the animal was subjected to abuse, neglect or abandonment in violation of ORS 167.310 to 167.340. If the court finds that probable cause exists, the court shall order immediate forfeiture of the animal to the petitioner, unless the defendant, within 72 hours of the hearing, posts a security deposit or bond with the court clerk in an amount determined by the court to be sufficient to repay all reasonable costs incurred, and anticipated to be incurred, by the petitioner in caring for the animal from the date of initial impoundment to the date of trial.
(b) Notwithstanding paragraph (a) of this subsection, a court may waive for good cause shown the requirement that the defendant post a security deposit or bond.
(4) If a security deposit or bond has been posted in accordance with subsection (3) of this section, and the trial in the action is continued at a later date, any order of continuance shall require the defendant to post an additional security deposit or bond in an amount determined by the court that shall be sufficient to repay all additional reasonable costs anticipated to be incurred by the petitioner in caring for the animal until the new date of trial.
(5) If a security deposit or bond has been posted in accordance with subsection (4) of this section, the petitioner may draw from that security deposit or bond the actual reasonable costs incurred by the petitioner in caring for the impounded animal from the date of initial impoundment to the date of final disposition of the animal in the criminal action.
(6) The provisions of this section are in addition to, and not in lieu of, the provisions of ORS 167.350.
167.348. Placement of forfeited animal; preference.
If an animal is forfeited according to the provisions of ORS 167.347 or 167.350, in placing the animal with a new owner, the agency to which the animal was forfeited shall give placement preference to any person or persons who had prior contact with the animal, including but not limited to family members and friends of the former owner whom the agency determines are capable of providing necessary, adequate and appropriate levels of care for the animal.
167.350. Forfeiture of rights in mistreated animal; costs; disposition of animal.
(1) In addition to and not in lieu of any other sentence it may impose, a court may require a defendant convicted under ORS 167.315 to 167.330 and 167.340 to forfeit any rights of the defendant in the animal subjected to abuse, neglect or abandonment, and to repay the reasonable costs incurred by any person or agency prior to judgment in caring for each animal subjected to abuse, neglect or abandonment.
(2) 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. This subsection shall not constitute or authorize any limitation upon 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.
(3) In addition to and not in lieu of any other sentence it may impose, a court may order the owner or person having custody of an animal to repay the reasonable costs incurred by any person or agency in providing water, food or first aid treatment under ORS 167.345 (1).
(4) A court may order a person convicted under ORS 167.315 to 167.330 and 167.340 to participate in available animal cruelty prevention programs or education programs, or both, or to obtain psychological counseling for treatment of mental health disorders that, in the court's judgment, contributed to the commission of the crime. The person shall bear any costs incurred by the person for participation in counseling or treatment programs under this subsection.
167.352. Interfering with assistance, search and rescue or therapy animal.
(1) A person commits the crime of interfering with an assistance, a search and rescue or a therapy animal if the person intentionally or knowingly: (a) Injures or attempts to injure an animal the person knows or reasonably should know is an assistance animal, a search and rescue animal or a therapy animal;
(b) Interferes with an assistance animal while the assistance animal is being used to provide assistance to a physically impaired person; or
(c) Interferes with a search and rescue animal or a therapy animal while the animal is being used for search and rescue or therapy purposes.
(2) As used in this section, "assistance animal" and "physically impaired person" have the meanings given those terms in ORS 346.680.
(3) As used in this section and ORS 30.822:
(a) "Search and rescue animal" means that the animal has been professionally trained for, and is actively used for, search and rescue purposes.
(b) "Therapy animal" means that the animal has been professionally trained for, and is actively used for, therapy purposes.
(4) Interfering with an assistance, a search and rescue or a therapy animal is a Class A misdemeanor.