Oregon Veterinarians @ Grassroots Animal Rights

August 24, 2008

Cruelty To Animals Definitions > Oregon

Filed under: Animal Rights — admin @ 7:01 pm

Chapter 167 – Offenses Against Public Health, Decency and Animals

167.310 Definitions for ORS 167.310 to 167.351. As used in ORS 167.310 to 167.351:

  (1)Animal” means any nonhuman mammal, bird, reptile, amphibian or fish.
  
  (2)Domestic animal” means an animal, other than livestock, that is owned or possessed by a person.
  
  (3)Good Animal Husbandry” includes, but is not limited to, the dehorning of cattle, the docking of horses, sheep or swine, and the castration or neutering of livestock, according to accepted practices of veterinary medicine or animal husbandry.
  
  (4)Law Enforcement Animal” means a dog or horse used in law enforcement work under the control of a corrections officer, parole and probation officer, police officer or youth correction officer, as those terms are defined in ORS 181.610, who has successfully completed at least 360 hours of training in the care and use of a law enforcement animal, or who has passed the demonstration of minimum standards established by the Oregon Police Canine Association or other accredited and recognized animal handling organization.
  
  (5)Livestock” has the meaning provided in ORS 609.125.
  
  (6)Minimum Care” means care sufficient to preserve the health and well-being of an animal and, except for emergencies or circumstances beyond the reasonable control of the owner, includes, but is not limited to, the following requirements:
   (a) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight.
   (b) Open or adequate access to potable water in sufficient quantity to satisfy the animal’s needs. Access to snow or ice is not adequate access to potable water.
   (c) For a domestic animal other than a dog engaged in herding or protecting livestock, access to a barn, dog house or other enclosed structure sufficient to protect the animal from wind, rain, snow or sun and that has adequate bedding to protect against cold and dampness.
   (d) Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease.
   (e) For a domestic animal, continuous access to an area:
    (A) With adequate space for exercise necessary for the health of the animal;
    (B) With air temperature suitable for the animal; and
    (C) Kept reasonably clean and free from excess waste or other contaminants that could affect the animal’s health.
   (f) For a livestock animal that cannot walk or stand without assistance:
    (A) Humane euthanasia; or
    (B) The provision of immediate and ongoing care to restore the animal to an ambulatory state.
  
  (7)Physical Injury” means physical trauma, impairment of physical condition or substantial pain.
  
  (8)Physical Trauma” means fractures, cuts, punctures, bruises, burns or other wounds.
  
  (9)Possess” has the meaning provided in ORS 161.015.
  
  (10)Serious Physical Injury” means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of a limb or bodily organ.

Aggravated Animal Abuse

Filed under: Animal Rights — admin @ 6:54 pm

Chapter 167 – Offenses Against Public Health, Decency and Animals

      167.322 Aggravated Animal Abuse in the First Degree.
     
  (1) A person commits the crime of aggravated animal abuse in the first degree if the person:
   (a) Maliciously kills an animal; or
   (b) Intentionally or knowingly tortures an animal.
  
  (2) Aggravated animal abuse in the first degree is a Class C felony.
  
  (3) As used in this section:
   (a) “Maliciously” means intentionally acting with a depravity of mind and reckless and wanton disregard of life.
   (b) “Torture” means an action taken for the primary purpose of inflicting pain. [1995 c.663 §2; 2001 c.926 §9]

Animal Abuse in the First Degree.

Filed under: Animal Rights — admin @ 6:52 pm

Chapter 167 – Offenses Against Public Health, Decency and Animals

 167.320 Animal abuse in the first degree.
     
  (1) A person commits the crime of animal abuse in the first degree if, except as otherwise authorized by law, the person intentionally, knowingly or recklessly:
   (a) Causes serious physical injury to an animal; or
   (b) Cruelly causes the death of an animal.
  (2) Any practice of good animal husbandry is not a violation of this section.
   (3) Animal abuse in the first degree is a Class A misdemeanor.
   (4) Notwithstanding subsection (3) of this section, animal abuse in the first degree is a Class C felony if:
    (a) The person committing the animal abuse has previously been convicted of two or more of the following offenses:
     (A) Any offense under ORS 163.160, 163.165, 163.175, 163.185 or 163.187 or the equivalent laws of another jurisdiction, if the offense involved domestic violence as defined in ORS 135.230 or the offense was committed against a minor child; or
     (B) Any offense under this section or ORS 167.322, or the equivalent laws of another jurisdiction; or
    (b) The person knowingly commits the animal abuse in the immediate presence of a minor child. For purposes of this paragraph, a minor child is in the immediate presence of animal abuse if the abuse is seen or directly perceived in any other manner by the minor child.

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