Maintaining dangerous dog
(1) As used in this section, “dangerous dog” means a dog that:
(a) Without provocation and in an aggressive manner inflicts serious physical injury, as defined in ORS 161.015 (General definitions), on a person or kills a person;
(b) Acts as a potentially dangerous dog, as defined in ORS 609.035 (Definitions for ORS 609.035 to 609.110 and 609.990), after having previously committed an act as a potentially dangerous dog that resulted in the keeper being found to have violated ORS 609.095 (Dog as public nuisance); or
(c) Is used as a weapon in the commission of a crime.
(2) A person commits the crime of maintaining a dangerous dog if the person is the keeper of a dog and the person, with criminal negligence, fails to prevent the dog from engaging in an act described in subsection (1) of this section.
(3) Maintaining a dangerous dog is punishable as described in ORS 609.990 (Penalties for ORS 609.060, 609.095, 609.098, 609.100, 609.169 and 609.405). [2005 c.840 §2]
Note: 609.098 (Maintaining dangerous dog) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 609 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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