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
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