ORS 167.332
Prohibition against possession of same genus or domestic animal

  • prohibition period reduction
  • waiver 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 (Animal abuse in the second degree), 167.340 (Animal abandonment) or 167.355 (Involvement in animal fighting) or of a misdemeanor under ORS 167.320 (Animal abuse in the first degree), 167.325 (Animal neglect in the second degree) or 167.330 (Animal neglect in the first degree) may not possess any animal of the same genus against which the crime was committed 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 (Aggravated animal abuse in the first degree), 167.333 (Sexual assault of an animal), 167.365 (Dogfighting) or 167.428 (Cockfighting) or of a felony under ORS 167.320 (Animal abuse in the first degree), 167.325 (Animal neglect in the second degree) or 167.330 (Animal neglect in the first degree) may not possess any animal of the same genus against which the crime was committed or any domestic animal for a period of 15 years following entry of the conviction. However, the sentencing court may reduce the prohibition period if the person successfully completes mental health treatment approved by the court.

(2)

A person who possesses an animal in violation of this section commits a Class C misdemeanor. When a person is convicted of possessing 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 residence and as a condition of the person’s probation may prohibit the person from possessing any animal of the same genus that the person unlawfully possessed under this section or against which the underlying violation of ORS 167.315 (Animal abuse in the second degree), 167.320 (Animal abuse in the first degree), 167.322 (Aggravated animal abuse in the first degree), 167.325 (Animal neglect in the second degree), 167.330 (Animal neglect in the first degree), 167.333 (Sexual assault of an animal), 167.340 (Animal abandonment), 167.355 (Involvement in animal fighting), 167.365 (Dogfighting) or 167.428 (Cockfighting) was committed.

(3)

The animal possession 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 (Animal abuse in the second degree), 167.320 (Animal abuse in the first degree), 167.322 (Aggravated animal abuse in the first degree), 167.325 (Animal neglect in the second degree), 167.330 (Animal neglect in the first degree), 167.333 (Sexual assault of an animal), 167.340 (Animal abandonment), 167.355 (Involvement in animal fighting), 167.365 (Dogfighting) or 167.428 (Cockfighting) was committed against livestock.

(4)

Intentionally left blank —Ed.

(a)

A person subject to an animal possession 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 possession 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 (Criminal liability for conduct of another) (2)(c);
(ii)
Criminal liability of a corporation as described in ORS 161.170 (Criminal liability of corporations), and the person is a corporation; or
(iii)
Animal neglect as described in ORS 167.325 (Animal neglect in the second degree) or 167.330 (Animal neglect in the first degree) 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 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 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 possession prohibition.

(e)

As used in this subsection, “commercial livestock operation” means a business engaged in the raising, breeding or selling of livestock for profit. [2001 c.926 §3; 2009 c.486 §1; 2013 c.719 §6; 2015 c.324 §4; 2017 c.677 §3]

Source: Section 167.332 — Prohibition against possession of same genus or domestic animal; prohibition period reduction; waiver procedure, https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html.

Notes of Decisions

Individual animals are separate victims for purposes of merger of convictions of unlawful possession of animal by person previously convicted of second-degree animal neglect. State v. Crow, 294 Or App 88, 429 P3d 1053 (2018), Sup Ct review denied

167.002
Definitions for ORS 167.002 to 167.027
167.007
Prostitution
167.008
Commercial sexual solicitation
167.012
Promoting prostitution
167.017
Compelling prostitution
167.027
Evidence required to show place of prostitution
167.051
Definitions for ORS 167.057
167.057
Luring a minor
167.060
Definitions for ORS 167.060 to 167.095
167.062
Sadomasochistic abuse or sexual conduct in live show
167.075
Exhibiting an obscene performance to a minor
167.080
Displaying obscene materials to minors
167.085
Defenses in prosecutions under ORS 167.075 and 167.080
167.090
Publicly displaying nudity or sex for advertising purposes
167.095
Defenses in prosecutions under ORS 167.090
167.100
Application of ORS 167.060 to 167.100
167.108
Definitions for ORS 167.109 and 167.112
167.109
Internet gambling
167.112
Liability of certain entities engaged in certain financial transactions
167.114
Application of ORS 167.109 and 167.112 to Oregon Racing Commission
167.116
Rulemaking for certain exceptions under ORS 167.117
167.117
Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530
167.118
Certain games or events conducted by charitable, fraternal or religious organizations
167.121
Local authorization of social games
167.122
Unlawful gambling in the second degree
167.127
Unlawful gambling in the first degree
167.132
Possession of gambling records in the second degree
167.137
Possession of gambling records in the first degree
167.142
Defense to possession of gambling records
167.147
Possession of a gambling device
167.153
Proving occurrence of sporting event in prosecutions of gambling offenses
167.158
Lottery prizes forfeited to county
167.162
Gambling device as public nuisance
167.164
Possession of a gray machine
167.166
Removal of unauthorized video lottery game terminal
167.167
Cheating
167.203
Definitions for ORS 167.212 to 167.252
167.212
Tampering with drug records
167.222
Frequenting a place where controlled substances are used
167.238
Prima facie evidence permitted in prosecutions of drug offenses
167.243
Exemption contained in drug laws as defense to drug offenses
167.248
Search and seizure of conveyance in which drugs unlawfully transported or possessed
167.252
Preclusion of state prosecution
167.262
Use of minor in controlled substance or marijuana item offense
167.305
Legislative findings
167.310
Definitions for ORS 167.310 to 167.351
167.312
Research and animal interference
167.315
Animal abuse in the second degree
167.320
Animal abuse in the first degree
167.322
Aggravated animal abuse in the first degree
167.325
Animal neglect in the second degree
167.330
Animal neglect in the first degree
167.332
Prohibition against possession of same genus or domestic animal
167.333
Sexual assault of an animal
167.334
Evaluation of person convicted of violating ORS 167.333
167.335
Exemption from ORS 167.315 to 167.333
167.337
Interfering with law enforcement animal
167.339
Assaulting a law enforcement animal
167.340
Animal abandonment
167.341
Encouraging sexual assault of an animal
167.343
Unlawful tethering
167.345
Authority to enter premises or motor vehicle
167.347
Forfeiture of animal to animal care agency prior to disposition of criminal action
167.348
Placement of forfeited animal
167.349
Encouraging animal abuse
167.350
Forfeiture of rights in mistreated animal
167.351
Trading in nonambulatory livestock
167.352
Interfering with an assistance, a search and rescue or a therapy animal
167.355
Involvement in animal fighting
167.360
Definitions for ORS 167.360 to 167.372
167.365
Dogfighting
167.370
Participation in dogfighting
167.372
Possessing dogfighting paraphernalia
167.374
Possession or control of dogs for purpose of reproduction
167.376
Standards of care applicable to dog breeders
167.383
Equine tripping
167.385
Unauthorized use of a livestock animal
167.387
Definitions for ORS 167.387 and 167.388
167.388
Interference with livestock production
167.390
Commerce in fur of domestic cats and dogs prohibited
167.426
Definitions for ORS 167.426 to 167.439
167.428
Cockfighting
167.431
Participation in cockfighting
167.433
Seizure of fighting birds or source birds
167.435
Forfeiture of rights in fighting birds, source birds or property
167.437
Constructive possession of fighting birds or source birds
167.439
Forcible recovery of a fighting bird
167.500
Definitions for ORS 167.502, 167.506 and 167.508
167.502
Sale of certain items at unused property market prohibited
167.506
Recordkeeping requirements
167.508
Exemptions from ORS 167.502 and 167.506
167.747
Definitions for ORS 167.750 to 167.780
167.750
Definition for ORS 167.755 and 431A.175
167.755
Selling tobacco products or inhalant delivery systems to person under 21 years of age
167.760
Purchase or attempted purchase of tobacco products or inhalant delivery system by person under 21 years of age
167.763
Entry or attempted entry of premises by person under 21 years of age for purpose of assisting with investigation
167.765
Retail store location of tobacco products or inhalant delivery systems
167.770
Display of sign
167.775
Local regulation of vending machines
167.780
Sale or dispensing of tobacco products or inhalant delivery systems by vending machine
167.808
Unlawful possession of inhalants
167.810
Creating a hazard
167.820
Concealing the birth of an infant
167.822
Improper repair of a vehicle inflatable restraint system
167.824
Unlawful possession of undeployed air bags or air bag canisters
167.830
Employment of minors in place of public entertainment
167.840
Application of ORS 167.830 limited
Green check means up to date. Up to date