reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.147 - Possession of a gambling device; defense.

(1) A person commits the crime of possession of a gambling device if, with knowledge of the character thereof, the person manufactures, sells, transports, places or possesses, or conducts or negotiates a transaction affecting or designed to affect ownership, custody or use of:
(a) A slot machine; or
(b) Any other gambling device, believing that the device is to be used in promoting unlawful gambling activity.
(2) Possession of a gambling device is a Class A misdemeanor.
(3) It is a defense to a charge of possession of a gambling device if the slot machine or gambling device that caused the charge to be brought was manufactured:
(a) Prior to 1900 and is not operated for purposes of unlawful gambling; or
(b) More than 25 years before the date on which the charge was brought and:
(A) Is located in a private residence;
(B) Is not operated for the purposes of unlawful gambling; and
(C) Has permanently affixed to it by the manufacturer, the manufacturer’s name and either the date of manufacture or the serial number. [1971 c.743 §269; 1977 c.264 §1; 1983 c.403 §1; 1993 c.781 §1; 1995 c.577 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.153 - Proving occurrence of sporting event in prosecutions of gambling offenses.

In any prosecution under ORS 167.117 and 167.122 to 167.147 in which it is necessary to prove the occurrence of a sporting event, the following shall be admissible in evidence and shall be prima facie evidence of the occurrence of the event:
(1) A published report of its occurrence in a daily newspaper, magazine or other periodically printed publication of general circulation; or
(2) Evidence that a description of some aspect of the event was written, printed or otherwise noted at the place in which a violation of ORS 167.117 and 167.122 to 167.147 is alleged to have been committed. [1971 c.743 §270]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.158 - Lottery prizes forfeited to county; exception; action by county to recover.

(1) Except for bingo or lotto operated by a charitable, fraternal or religious organization, all sums of money and every other valuable thing drawn as a prize in any lottery or pretended lottery, by any person within this state, are forfeited to the use of the county in which it is found, and may be sued for and recovered by a civil action.
(2) Nothing contained in ORS 105.550 to 105.600 shall interfere with the duty of officers to take possession of property as provided by subsection (1) of this section. [1971 c.743 §271; 1977 c.850 §3; 1989 c.846 §14]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.162 - Gambling device as public nuisance; defense; seizure and destruction.

(1) A gambling device is a public nuisance. Any peace officer shall summarily seize any such device that the peace officer finds and deliver it to the custody of the law enforcement agency that employs the officer, which shall hold it subject to the order of the court having jurisdiction.
(2) Whenever it appears to the court that the gambling device has been possessed in violation of ORS 167.147, the court shall adjudge forfeiture thereof and shall order the law enforcement agency holding the gambling device to destroy the device and to deliver any coins taken therefrom to the county treasurer, who shall deposit them to the general fund of the county. However, when the defense provided by ORS 167.147 (3) is raised by the defendant, the gambling device or slot machine shall not be forfeited or destroyed until after a final judicial determination that the defense is not applicable. If the defense is applicable, the gambling device or slot machine shall be returned to its owner.
(3) The seizure of the gambling device or operating part thereof constitutes sufficient notice to the owner or person in possession thereof. The law enforcement agency shall make return to the court showing that the law enforcement agency has complied with the court’s order.
(4) Whenever, in any proceeding in court for the forfeiture of any gambling device except a slot machine seized for a violation of ORS 167.147, a judgment for forfeiture is entered, the court shall have exclusive jurisdiction to remit or mitigate the forfeiture.
(5) In any such proceeding the court shall not allow the claim of any claimant for remission or mitigation unless and until the claimant proves that the claimant:
(a) Has an interest in the gambling device, as owner or otherwise, that the claimant acquired in good faith.
(b) At no time had any knowledge or reason to believe that it was being or would be used in violation of law relating to gambling.
(6) In any proceeding in court for the forfeiture of any gambling device except a slot machine seized for a violation of law relating to gambling, the court may in its discretion order delivery thereof to any claimant who shall establish the right to the immediate possession thereof, and shall execute, with one or more sureties, or by a surety company, approved by the court, and deliver to the court, a bond in such sum as the court shall determine, running to the State of Oregon, and conditioned to return such gambling device at the time of trial, and conditioned further that, if the gambling device be not returned at the time of trial, the bond may in the discretion of the court stand in lieu of and be forfeited in the same manner as such gambling device. [1971 c.743 §272; 1977 c.264 §2; 1999 c.59 §32; 2003 c.576 §391; 2005 c.22 §117; 2009 c.835 §9]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.164 - Possession of a gray machine; disposition of machine; defense.

(1) A person commits the crime of possession of a gray machine if the person manufactures, sells, leases, transports, places, possesses or services a gray machine or conducts or negotiates a transaction affecting or designed to affect the ownership, custody or use of a gray machine.
(2) Possession of a gray machine is a Class C felony.
(3) If any device is seized by a law enforcement agency based on a contention that the device is a gray machine, and a motion for return or restoration of the device is filed under ORS 133.633, the burden of proof is on the state to establish that the device is in fact a gray machine.
(4) Violation of, solicitation to violate, attempt to violate or conspiracy to violate subsection (1) of this section constitutes prohibited conduct for purposes of ORS chapter 131A. A device that is claimed to be a gray machine may be destroyed or otherwise disposed of only if a judgment of forfeiture has been entered under ORS 131.550 to 131.600 or ORS chapter 131A.
(5) It is a defense to a charge of possession of a gray machine if the machine that caused the charge to be brought was manufactured prior to 1958 and was not operated for purposes of unlawful gambling. [1991 c.962 §5; 1999 c.59 §33; 2009 c.78 §58; 2013 c.128 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.166 - Removal of unauthorized video lottery game terminal.

On and after December 1, 1991, any video lottery game terminal that is not authorized by the Oregon State Lottery Commission must be removed from the State of Oregon. [1991 c.962 §8]
Note:
167.166 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.167 - Cheating.

(1) A person commits the crime of cheating if the person, while in the course of participating or attempting to participate in any legal or illegal gambling activity, directly or indirectly:
(a) Employs or attempts to employ any device, scheme or artifice to defraud any other participant or any operator;
(b) Engages in any act, practice or course of operation that operates or would operate as a fraud or deceit upon any other participant or any operator;
(c) Engages in any act, practice or course of operation with the intent of cheating any other participant or the operator to gain an advantage in the game over the other participant or operator; or
(d) Causes, aids, abets or conspires with another person to cause any other person to violate paragraphs (a) to (c) of this subsection.
(2) As used in this section, "deceit," "defraud" and "fraud" are not limited to common law deceit or fraud.
(3) Cheating is a Class C felony. [1997 c.867 §20]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.203 - Definitions for ORS 167.212 to 167.252.

As used in ORS 167.212 to 167.252, unless the context requires otherwise:
(1) "Apothecary" means a pharmacist, as defined by ORS 689.005, and where the context so requires, the owner of a store or other place of business where controlled substances are compounded or dispensed by a licensed pharmacist.
(2) "Controlled substance" and "manufacture" have the meaning given those terms by ORS 475.005.
(3) "Official written order" means an order written on a form provided for that purpose by the United States Commissioner of Internal Revenue, under any laws of the United States making provision therefor, if such order form is not provided, then on an official form provided for that purpose by the State Board of Pharmacy.
(4) "Practitioner" has the meaning given that term by ORS 475.005.
(5) "Wholesaler" means a person who supplies controlled substances that the wholesaler has not produced or prepared, on official written orders, but not on prescriptions.
(6) "Unlawfully" means in violation of any provision of ORS 475.005 to 475.285 and 475.752 to 475.980. [1977 c.745 §33 (enacted in lieu of 167.202); 1979 c.777 §44; 1995 c.440 §14]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.212 - Tampering with drug records.

(1) A person commits the crime of tampering with drug records if the person knowingly:
(a) Alters, defaces or removes a controlled substance label affixed by a manufacturer, wholesaler or apothecary, except that it shall not be unlawful for an apothecary to remove or deface such a label for the purpose of filling prescriptions;
(b) Affixes a false or forged label to a package or receptacle containing controlled substances;
(c) Makes or utters a false or forged prescription or false or forged official written order for controlled substances; or
(d) Makes a false statement in any controlled substance prescription, order, report or record required by ORS 475.005 to 475.285 and 475.752 to 475.980.
(2) Tampering with drug records is a Class C felony. [1971 c.743 §275; 1977 c.745 §34; 1995 c.440 §15]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.222 - Frequenting a place where controlled substances are used.

(1) A person commits the offense of frequenting a place where controlled substances are used if the person keeps, maintains, frequents, or remains at a place, while knowingly permitting persons to use controlled substances in such place or to keep or sell them in violation of ORS 475.005 to 475.285 and 475.752 to 475.980.
(2) Frequenting a place where controlled substances are used is a Class A misdemeanor.
(3) As used in this section, "frequents" means repeatedly or habitually visits, goes to or resorts to. [1971 c.743 §277; 1974 c.43 §1; 1977 c.745 §35; 1979 c.641 §1; 1991 c.67 §41; 1993 c.469 §3; 1995 c.440 §16; 1999 c.1051 §160; 2017 c.21 §47]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.238 - Prima facie evidence permitted in prosecutions of drug offenses.

(1) Proof of unlawful manufacture, cultivation, transportation or possession of a controlled substance is prima facie evidence of knowledge of its character.
(2) Proof of possession of a controlled substance not in the container in which it was originally delivered, sold or dispensed, when a prescription or order of a practitioner is required under the provisions of ORS 475.005 to 475.285 and 475.752 to 475.980, is prima facie evidence that the possession is unlawful unless the possessor also has in possession a label prepared by the pharmacist for the drug dispensed or the possessor is authorized by ORS 475.005 to 475.285 and 475.752 to 475.980 to possess the controlled substance. [1971 c.743 §279; 1977 c.745 §36; 1995 c.440 §17]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.243 - Exemption contained in drug laws as defense to drug offenses.

In any prosecution under ORS 167.212 and 167.222, any exception, excuse, proviso or exemption contained in ORS 475.005 to 475.285 and 475.752 to 475.980 shall be an affirmative defense. [1989 c.791 §16; 1995 c.440 §19; enacted in lieu of 167.242 in 1997]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.248 - Search and seizure of conveyance in which drugs unlawfully transported or possessed.

A district attorney or peace officer charged with the enforcement of ORS 167.212 and 167.222, having personal knowledge or reasonable information that controlled substances are being unlawfully transported or possessed in any boat, vehicle or other conveyance, may search the same without warrant and without an affidavit being filed. If controlled substances are found in or upon such conveyance, the district attorney or peace officer may seize them, arrest any person in charge of the conveyance and as soon as possible take the arrested person and the seized controlled substances before any court in the county in which the seizure is made. The district attorney or peace officer shall also, without delay, make and file a complaint for any crime justified by the evidence obtained. [1989 c.791 §17; enacted in lieu of 167.247 in 1997]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.252 - Preclusion of state prosecution.

No person shall be prosecuted under ORS 167.203 to 167.222 if the person has been acquitted or convicted under the federal narcotic laws of the same act or omission which it is alleged constitutes a violation of ORS 167.203 to 167.222. [1971 c.743 §282]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.262 - Use of minor in controlled substance or marijuana item offense.

(1) It is unlawful for an adult to knowingly use as an aider or abettor or to knowingly solicit, force, compel, coerce or employ a minor, with or without compensation to the minor:
(a) To manufacture a controlled substance or a marijuana item as defined in ORS 475C.009; or
(b) To transport, carry, sell, give away, prepare for sale or otherwise distribute a controlled substance or a marijuana item as defined in ORS 475C.009.
(2)(a) Except as otherwise provided in paragraph (b) of this subsection, violation of this section is a Class A felony.
(b) Violation of this section is a Class A misdemeanor if the violation involves delivery for no consideration of less than one ounce of usable marijuana as defined in ORS 475C.009. [1991 c.834 §1; 2017 c.21 §48]
Note:
167.262 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 167 by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.305 - Legislative findings.

The Legislative Assembly finds and declares that:
(1) Animals are sentient beings capable of experiencing pain, stress and fear;
(2) Animals should be cared for in ways that minimize pain, stress, fear and suffering;
(3) The suffering of animals can be mitigated by expediting the disposition of abused animals that would otherwise languish in cages while their defendant owners await trial;
(4) The suffering of animals at the hands of unlicensed animal rescue organizations that are unable to provide sufficient food and care for the animals can be reduced by requiring such organizations to comply with regulations;
(5) The State of Oregon has an interest in facilitating the mitigation of costs of care incurred by a government agency, a humane investigation agency or its agent or a person that provides treatment for impounded animals;
(6) A government agency, a humane investigation agency or its agent or a person that provides care and treatment for impounded or seized animals:
(a) Has an interest in mitigating the costs of the care and treatment in order to ensure the swift and thorough rehabilitation of the animals; and
(b) May mitigate the costs of the care and treatment through funding that is separate from, and in addition to, any recovery of reasonable costs that a court orders a defendant to pay while a forfeiture proceeding is pending or subsequent to a conviction;
(7) Use of preconviction civil remedies is not an affront to the presumption of innocence; and
(8) Amendments to current law are needed to ensure that interested parties are afforded adequate notice and an opportunity to be heard and thus cannot unduly delay or impede animal lien foreclosure and preconviction forfeiture processes through unfounded due process claims. [2013 c.719 §1; 2017 c.677 §1]
Note:
167.305 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.312 - Research and animal interference.

(1) A person commits the crime of research and animal interference if the person:
(a) With the intent to interfere with research, releases, steals or otherwise causes the death, injury or loss of any animal at or from an animal research facility.
(b) With the intent to interfere with research, damages, vandalizes or steals any property in or on an animal research facility.
(c) With the intent to interfere with research, obtains access to an animal research facility to perform acts not authorized by that facility.
(d) Obtains or exerts unauthorized control over records, data, materials, equipment or animals of any animal research facility with the intent to interfere with research by concealing, abandoning or destroying such records, data, materials, equipment or animals.
(e) With the intent to interfere with research, 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 research or teaching involving the use of animals.
(3) Research and animal interference is a:
(a) Class C felony if damage to the animal research facility is $2,500 or more; or
(b) Class A misdemeanor if there is no damage to the facility or if damage to the animal research facility is less than $2,500.
(4) Determination of damages to an animal research facility shall be made by the court. In making its determination, the court shall consider the reasonable costs of:
(a) Replacing lost, injured or destroyed animals;
(b) Restoring the animal research facility to the approximate condition of the facility before the damage occurred; and
(c) Replacing damaged or missing records, data, material or equipment.
(5) 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) For 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. [1991 c.843 §2; 2001 c.147 §2; 2001 c.554 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 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]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 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.
(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. [1985 c.662 §3; 2001 c.926 §8; 2003 c.577 §8; 2013 c.719 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 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 and the Oregon Criminal Justice Commission shall classify the offense as crime category 6 of the sentencing guidelines grid.
(3) As used in this section:
(a) "Maliciously" means intentionally acting with a depravity of mind and reckless and wanton disregard of life.
(b) "Torture" means an action taken for the primary purpose of inflicting pain. [1995 c.663 §2; 2001 c.926 §9; 2013 c.719 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 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]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 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; or
(c) 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 (c) of this section. [1985 c.662 §5; 2001 c.926 §10; 2013 c.382 §4; 2013 c.719 §5]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.333 - Sexual assault of an animal.

(1) A person commits the crime of sexual assault of an animal if the person:
(a) Touches or contacts, or causes an object or another person to touch or contact, the mouth, anus or sex organs of an animal or animal carcass for the purpose of arousing or gratifying the sexual desire of a person; or
(b) Causes an animal or animal carcass to touch or contact the mouth, anus or sex organs of a person for the purpose of arousing or gratifying the sexual desire of a person.
(2) Subsection (1) of this section does not apply to the use of products derived from animals.
(3) Sexual assault of an animal is a Class C felony. [2001 c.926 §5b; 2003 c.428 §1; 2015 c.324 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.334 - Evaluation of person convicted of violating ORS 167.333.

Upon the conviction of a defendant for violation of ORS 167.333, the court may order a psychiatric or psychological evaluation of the defendant for inclusion in the presentence report as described in ORS 137.077. [2001 c.926 §5c]
Note:
167.334 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.335 - Exemption from ORS 167.315 to 167.333.

(1) Except as provided in subsection (2) of this section, unless gross negligence can be shown, the provisions of ORS 167.315 to 167.333 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) Subsection (1) of this section does not create an exemption from ORS 167.332. [1985 c.662 §6; 1995 c.663 §4; 2001 c.926 §10a; 2018 c.19 §4]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.337 - Interfering with law enforcement animal.

(1) A person commits the crime of interfering with a law enforcement animal if the person intentionally or knowingly injures or attempts to injure an animal the person knows or reasonably should know is a law enforcement animal while the law enforcement animal is being used in the lawful discharge of its duty.
(2) Interfering with a law enforcement animal is a Class A misdemeanor. [Formerly 164.369; 2009 c.555 §1; 2011 c.597 §167]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.339 - Assaulting a law enforcement animal.

(1) A person commits the crime of assaulting a law enforcement animal if:
(a) The person knowingly causes serious physical injury to or the death of a law enforcement animal, knowing that the animal is a law enforcement animal; and
(b) The injury or death occurs while the law enforcement animal is being used in the lawful discharge of the animal’s duties.
(2) Assaulting a law enforcement animal is a Class C felony. [2003 c.543 §3; 2009 c.555 §2; 2011 c.597 §168]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 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 domestic animal or an equine at a location without providing minimum 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 B misdemeanor. [1985 c.662 §8; 2001 c.926 §11; 2009 c.233 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.341 - Encouraging sexual assault of an animal.

(1) A person commits the crime of encouraging sexual assault of an animal if the person:
(a) Knowingly possesses or controls, for the purpose of arousing or satisfying the sexual desires of the person or another person, a visual recording of a person engaged in sexual conduct with an animal; and
(b) Knows or is aware of and consciously disregards the fact that the creation of the visual recording involved the sexual assault of an animal as described in ORS 167.333.
(2) Encouraging sexual assault of an animal is a Class A misdemeanor.
(3) As used in this section:
(a) "Sexual conduct" means touching or contacting the mouth, anus or sex organs of an animal or animal carcass, or causing an animal or animal carcass to touch or contact the mouth, anus or sex organs of a person, for the purpose of arousing or gratifying the sexual desire of a person.
(b) "Visual recording" includes, but is not limited to, photographs, films, videotapes and computer and other digital pictures, regardless of the manner in which the recording is stored. [2015 c.324 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.343 - Unlawful tethering.

(1) A person commits the offense of unlawful tethering if the person tethers a domestic animal in the person’s custody or control:
(a) With a tether that is not a reasonable length given the size of the domestic animal and available space and that allows the domestic animal to become entangled in a manner that risks the health or safety of the domestic animal;
(b) With a collar that pinches or chokes the domestic animal when pulled;
(c) For more than 10 hours in a 24-hour period; or
(d) For more than 15 hours in a 24-hour period if the tether is attached to a running line, pulley or trolley system.
(2) A person does not violate this section if the person tethers a domestic animal:
(a) While the domestic animal remains in the physical presence of the person who owns, possesses, controls or otherwise has charge of the domestic animal;
(b) Pursuant to the requirements of a campground or other recreational area;
(c) For the purpose of engaging in an activity that requires licensure in this state, including but not limited to hunting;
(d) To allow the person to transport the domestic animal; or
(e) That is a dog kept for herding, protecting livestock or dogsledding.
(3) Unlawful tethering is a Class B violation. [2013 c.382 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.345 - Authority to enter premises or motor vehicle; search warrant; notice of impoundment of animal; damage resulting from entry.

(1) As used in this section, "peace officer" has the meaning given that term in ORS 161.015.
(2) If there is probable cause to believe that any animal is being subjected to treatment in violation of ORS 167.315 to 167.333, 167.340, 167.355, 167.365 or 167.428, a peace officer, after obtaining a search warrant or in any other manner authorized by law, may enter the premises or motor vehicle where the animal is located to provide the animal with food, water and emergency medical treatment and may impound the animal. If after reasonable effort the owner or person having custody of the animal cannot be found and notified of the impoundment, the notice shall be conspicuously posted on the premises or motor vehicle and within 72 hours after the impoundment the notice shall be sent by certified mail to the address, if any, where the animal was impounded.
(3) A peace officer is not liable for any damages for an entry under subsection (2) of this section, unless the damages were caused by the unnecessary actions of the peace officer that were intentional or reckless.
(4)(a) 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.
(b) A court may order a fighting bird impounded under subsection (2) of this section to be held on the property of the owner, possessor or keeper of the fighting bird in accordance with ORS 167.433. [Formerly 167.860; 1993 c.519 §1; 1995 c.663 §5; 2001 c.926 §12; 2009 c.550 §1; 2015 c.177 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.348 - Placement of forfeited animal.

(1) If an animal is forfeited according to the provisions of ORS 167.347 or 167.350, the agency to which the animal was forfeited may place the animal with a new owner. The agency may 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. The agency may not, however, place the animal with family members or friends of the former owner who aided or abetted the criminal conduct underlying the forfeiture or had knowledge of the criminal conduct and failed to intervene. As a condition of placement, the agency shall require the new owner to execute an agreement to provide minimum care to the animal. The agreement must indicate that allowing the former owner to possess the animal constitutes a crime.
(2) Notwithstanding subsection (1) of this section, the agency may not place the animal with any person who resides with the former owner. [1995 c.369 §3; 2009 c.273 §1; 2013 c.719 §8]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.349 - Encouraging animal abuse.

(1) A person commits the crime of encouraging animal abuse if the person:
(a) Obtains a previously abused, neglected or abandoned animal from an animal care agency under ORS 167.348 or the court under ORS 167.350; and
(b) Knowingly allows the person from whom the animal was forfeited to possess the animal.
(2) Encouraging animal abuse is a Class C misdemeanor. [2009 c.273 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.351 - Trading in nonambulatory livestock.

(1) As used in this section:
(a) "Nonambulatory" means unable to stand or walk unassisted.
(b) "Livestock auction market" has the meaning given that term in ORS 599.205.
(2) A person commits the crime of trading in nonambulatory livestock if the person knowingly delivers or accepts delivery of a nonambulatory livestock animal at a livestock auction market. This subsection does not apply to the delivery to, or acceptance by, a licensed veterinarian at a livestock auction market for the purpose of humanely euthanizing or providing appropriate medical care to the animal.
(3) The crime of trading in nonambulatory livestock is a Class A misdemeanor. [2003 c.287 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.352 - Interfering with an assistance, a search and rescue or a 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 person with a disability; 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" has the meaning given that term in ORS 659A.143.
(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 an animal other than an assistance animal that 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. [1993 c.312 §3; 2007 c.70 §37; 2013 c.530 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.355 - Involvement in animal fighting.

(1) A person commits the crime of involvement in animal fighting if the person:
(a) Owns or trains an animal with the intention that the animal engage in an exhibition of fighting;
(b) Promotes, conducts, participates in or is present as a spectator at an exhibition of fighting or preparations thereto;
(c) Keeps or uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to any place kept or used for the purpose of an exhibition of fighting; or
(d) Knowingly suffers or permits any place over which the person has possession or control to be occupied, kept or used for the purpose of an exhibition of fighting.
(2) For purposes of this section:
(a) "Animal" means any bird, reptile, amphibian, fish or nonhuman mammal, other than a dog or a fighting bird as defined in ORS 167.426.
(b) "Exhibition of fighting" means a public or private display of combat between two or more animals in which the fighting, killing, maiming or injuring of animals is a significant feature. "Exhibition of fighting" does not include demonstrations of the hunting or tracking skills of an animal or the lawful use of animals for hunting, tracking or self-protection.
(3) Involvement in animal fighting is a Class C felony. [Formerly 167.865; 1987 c.249 §6; 2003 c.484 §9; 2009 c.796 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.360 - Definitions for ORS 167.360 to 167.372.

As used in ORS 167.360 to 167.372:
(1) "Breaking stick" means a device designed for insertion behind the molars of a dog for the purpose of breaking the dog’s grip on another animal or object.
(2) "Cat mill" means a device that rotates around a central support with one arm designed to secure a dog and one arm designed to secure a cat, rabbit or other small animal beyond the grasp of the dog.
(3) "Dogfight" means a fight, arranged by any person, between two or more dogs the purpose or probable result of which fight is the infliction of injury by one dog upon another.
(4) "Dogfighting paraphernalia" means:
(a) A breaking stick;
(b) A springpole;
(c) A cat mill;
(d) A treadmill;
(e) A fighting pit;
(f) A leather or mesh collar with a strap more than two inches in width;
(g) A weighted or unweighted chain collar weighing 10 pounds or more; or
(h) An unprescribed veterinary medicine that is a prescription drug as defined in ORS 689.005.
(5) "Fighting dog" means a dog that is intentionally bred or trained to be used in, or that is actually used in, a dogfight. A dog does not constitute a fighting dog solely on account of its breed.
(6) "Fighting pit" means a walled area designed to contain a dogfight.
(7) "Springpole" means a biting surface attached to a stretchable device, suspended at a height sufficient to prevent a dog from reaching the biting surface while touching the ground.
(8) "Treadmill" means:
(a) A carpet mill made of narrow sections of carpet;
(b) A modified electric treadmill for the purpose of conditioning dogs; or
(c) A slat mill with a running surface constructed of slats made of wood, fiberglass, plastic or other similar material. [1987 c.249 §1; 2005 c.467 §1; 2008 c.42 §3]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.365 - Dogfighting.

(1) A person commits the crime of dogfighting if the person knowingly does any of the following:
(a) Owns, possesses, keeps, breeds, trains, buys, sells or offers to sell a fighting dog, including but not limited to any advertisement by the person to sell such a dog.
(b) Promotes, conducts or participates in, or performs any service in the furtherance of, an exhibition of dogfighting, including but not limited to refereeing of a dogfight, handling of dogs at a dogfight, transportation of spectators to a dogfight, organizing a dogfight, advertising a dogfight, providing or serving as a stakes holder for any money wagered on a fight.
(c) Keeps, uses or manages, or accepts payment of admission to, any place kept or used for the purpose of dogfighting.
(d) Suffers or permits any place over which the person has possession or control to be occupied, kept or used for the purpose of an exhibition of dogfighting.
(2) Dogfighting is a Class C felony. [1987 c.249 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.370 - Participation in dogfighting.

(1) A person commits the crime of participation in dogfighting if the person knowingly:
(a) Attends or has paid admission at any place for the purpose of viewing or betting upon a dogfight.
(b) Advertises or otherwise offers to sell equipment that the person knows or reasonably should know will be used for the purpose of training and handling a fighting dog.
(2) Participation in dogfighting is a Class C felony. [1987 c.249 §3; 2008 c.42 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 167 - Offenses Against General Welfare and Animals › Section 167.372 - Possessing dogfighting paraphernalia.

(1) A person commits the crime of possessing dogfighting paraphernalia if the person owns or possesses dogfighting paraphernalia with the intent that the paraphernalia be used to train a dog as a fighting dog or be used in the furtherance of a dogfight.
(2) Possessing dogfighting paraphernalia is a Class C felony. [2005 c.467 §3; 2008 c.42 §2]