2021 Oregon Revised Statutes
Chapter 167 - Offenses Against General Welfare and Animals
Section 167.332 - Prohibition against possession of same genus or domestic animal; prohibition period reduction; waiver procedure.


(a) In addition to any other penalty imposed by law, a person convicted of violating ORS 167.315, 167.340 or 167.355 or of a misdemeanor under ORS 167.320, 167.325 or 167.330 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, 167.333, 167.365 or 167.428 or of a felony under ORS 167.320, 167.325 or 167.330 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, 167.320, 167.322, 167.325, 167.330, 167.333, 167.340, 167.355, 167.365 or 167.428 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, 167.320, 167.322, 167.325, 167.330, 167.333, 167.340, 167.355, 167.365 or 167.428 was committed against livestock.
(4)(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 (2)(c);
(ii) Criminal liability of a corporation as described in ORS 161.170, and the person is a corporation; or
(iii) Animal neglect as described in ORS 167.325 or 167.330 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]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 04 - Criminal Procedure, Crimes

Chapter 167 - Offenses Against General Welfare and Animals

Section 167.002 - Definitions for ORS 167.002 to 167.027.

Section 167.007 - Prostitution.

Section 167.008 - Commercial sexual solicitation.

Section 167.012 - Promoting prostitution.

Section 167.017 - Compelling prostitution.

Section 167.027 - Evidence required to show place of prostitution.

Section 167.051 - Definitions for ORS 167.057.

Section 167.057 - Luring a minor.

Section 167.060 - Definitions for ORS 167.060 to 167.095.

Section 167.062 - Sadomasochistic abuse or sexual conduct in live show.

Section 167.075 - Exhibiting an obscene performance to a minor.

Section 167.080 - Displaying obscene materials to minors.

Section 167.085 - Defenses in prosecutions under ORS 167.075 and 167.080.

Section 167.090 - Publicly displaying nudity or sex for advertising purposes.

Section 167.095 - Defenses in prosecutions under ORS 167.090.

Section 167.108 - Definitions for ORS 167.109 and 167.112.

Section 167.109 - Internet gambling.

Section 167.112 - Liability of certain entities engaged in certain financial transactions.

Section 167.116 - Rulemaking for certain exceptions under ORS 167.117.

Section 167.117 - Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530.

Section 167.118 - Certain games or events conducted by charitable, fraternal or religious organizations; rules.

Section 167.121 - Local authorization of social games.

Section 167.122 - Unlawful gambling in the second degree.

Section 167.127 - Unlawful gambling in the first degree.

Section 167.132 - Possession of gambling records in the second degree.

Section 167.137 - Possession of gambling records in the first degree.

Section 167.147 - Possession of a gambling device; defense.

Section 167.153 - Proving occurrence of sporting event in prosecutions of gambling offenses.

Section 167.158 - Lottery prizes forfeited to county; exception; action by county to recover.

Section 167.162 - Gambling device as public nuisance; defense; seizure and destruction.

Section 167.164 - Possession of a gray machine; disposition of machine; defense.

Section 167.166 - Removal of unauthorized video lottery game terminal.

Section 167.167 - Cheating.

Section 167.203 - Definitions for ORS 167.212 to 167.252.

Section 167.212 - Tampering with drug records.

Section 167.222 - Frequenting a place where controlled substances are used.

Section 167.238 - Prima facie evidence permitted in prosecutions of drug offenses.

Section 167.262 - Use of minor in controlled substance or marijuana item offense.

Section 167.305 - Legislative findings.

Section 167.310 - Definitions for ORS 167.310 to 167.351.

Section 167.312 - Research and animal interference.

Section 167.315 - Animal abuse in the second degree.

Section 167.320 - Animal abuse in the first degree.

Section 167.322 - Aggravated animal abuse in the first degree.

Section 167.325 - Animal neglect in the second degree.

Section 167.330 - Animal neglect in the first degree.

Section 167.332 - Prohibition against possession of same genus or domestic animal; prohibition period reduction; waiver procedure.

Section 167.333 - Sexual assault of an animal.

Section 167.334 - Evaluation of person convicted of violating ORS 167.333.

Section 167.335 - Exemption from ORS 167.315 to 167.333.

Section 167.337 - Interfering with law enforcement animal.

Section 167.339 - Assaulting a law enforcement animal.

Section 167.340 - Animal abandonment.

Section 167.341 - Encouraging sexual assault of an animal.

Section 167.343 - Unlawful tethering.

Section 167.345 - Authority to enter premises or motor vehicle; search warrant; notice of impoundment of animal; damage resulting from entry.

Section 167.347 - Forfeiture of animal to animal care agency prior to disposition of criminal action.

Section 167.348 - Placement of forfeited animal.

Section 167.349 - Encouraging animal abuse.

Section 167.350 - Forfeiture of rights in mistreated animal; costs; disposition of animal.

Section 167.351 - Trading in nonambulatory livestock.

Section 167.352 - Interfering with an assistance, a search and rescue or a therapy animal.

Section 167.355 - Involvement in animal fighting.

Section 167.360 - Definitions for ORS 167.360 to 167.372.

Section 167.365 - Dogfighting.

Section 167.370 - Participation in dogfighting.

Section 167.372 - Possessing dogfighting paraphernalia.

Section 167.374 - Possession or control of dogs for purpose of reproduction; records; exceptions.

Section 167.376 - Standards of care applicable to dog breeders; records; exceptions.

Section 167.383 - Equine tripping.

Section 167.385 - Unauthorized use of a livestock animal.

Section 167.387 - Definitions for ORS 167.387 and 167.388.

Section 167.388 - Interference with livestock production.

Section 167.390 - Commerce in fur of domestic cats and dogs prohibited; exception.

Section 167.426 - Definitions for ORS 167.426 to 167.439.

Section 167.428 - Cockfighting.

Section 167.431 - Participation in cockfighting.

Section 167.433 - Seizure of fighting birds or source birds; procedure.

Section 167.435 - Forfeiture of rights in fighting birds, source birds or property; public nuisance.

Section 167.437 - Constructive possession of fighting birds or source birds; procedure.

Section 167.439 - Forcible recovery of a fighting bird.

Section 167.500 - Definitions for ORS 167.502, 167.506 and 167.508.

Section 167.502 - Sale of certain items at unused property market prohibited; exceptions.

Section 167.506 - Recordkeeping requirements.

Section 167.508 - Exemptions from ORS 167.502 and 167.506.

Section 167.747 - Definitions for ORS 167.750 to 167.780.

Section 167.750 - Definition for ORS 167.755 and 431A.175.

Section 167.755 - Selling tobacco products or inhalant delivery systems to person under 21 years of age; penalties.

Section 167.760 - Purchase or attempted purchase of tobacco products or inhalant delivery system by person under 21 years of age.

Section 167.763 - Entry or attempted entry of premises by person under 21 years of age for purpose of assisting with investigation.

Section 167.765 - Retail store location of tobacco products or inhalant delivery systems; penalty.

Section 167.770 - Display of sign; penalty.

Section 167.775 - Local regulation of vending machines.

Section 167.780 - Sale or dispensing of tobacco products or inhalant delivery systems by vending machine.

Section 167.808 - Unlawful possession of inhalants.

Section 167.810 - Creating a hazard.

Section 167.820 - Concealing the birth of an infant.

Section 167.822 - Improper repair of a vehicle inflatable restraint system.

Section 167.824 - Unlawful possession of undeployed air bags or air bag canisters.

Section 167.840 - Application of ORS 167.830 limited.