2007 ORS 167.350¹
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 (Animal abuse in the second degree) to 167.333 (Sexual assault of animal) or 167.340 (Animal abandonment) to forfeit any rights of the defendant in the animal subjected to the violation, and to repay the reasonable costs incurred by any person or agency prior to judgment in caring for each animal subjected to the violation.

(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 does not limit 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 minimum care to the animal.

(4) A court may order a person convicted under ORS 167.315 (Animal abuse in the second degree) to 167.333 (Sexual assault of animal) or 167.340 (Animal abandonment) 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.

(5) ORS 131.550 (Definitions for ORS 131.550 to 131.600) to 131.600 (Records and reports) do not apply to the forfeiture of an animal subjected to a violation of ORS 167.315 (Animal abuse in the second degree) to 167.333 (Sexual assault of animal) or 167.340 (Animal abandonment). Any such animal is subject to forfeiture as provided in subsections (1) to (3) of this section. [Formerly 167.862; 1993 c.519 §2; 1995 c.663 §6; 2001 c.666 §29; 2001 c.926 §§14a,14b; 2005 c.830 §28]

Notes of Decisions

Under 1999 version of statute, authority of court to order repay­ment of reasonable costs incurred in caring for each animal "subjected to abuse, neglect or abandon­ment" was limited to costs related to specific animals that were subject of crimes for which con­vic­­tions were entered. State v. Marsh, 187 Or App 47, 66 P3d 541 (2003)

Chapter 167

Atty. Gen. Opinions

Exemp­tion of nuisance laws from constitu­tional require­ment for pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

Law Review Cita­tions

51 OLR 427-637 (1972)


1 Legislative Counsel Committee, CHAPTER 167—Offenses Against Public Health, Decency and Animals, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­167.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 167, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­167ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.