Oregon’s Cruelty Laws

According to the the Animal Legal Defense Fund, Oregon is one of the top five states in animal cruelty standards.

For the underlying statutes behind these offenses, go to Oregon's Humane Laws.

Aggravated animal abuse in the first degree

A Class C felony, this is the most heinous of crimes against animals in Oregon and carries a maximum penalty of five years in jail and a $125,000 fine.

Under the law, a person commits the crime of aggravated animal abuse in the first degree if the person:

• Maliciously kills an animal; or
• Intentionally or knowingly tortures an animal.

“Maliciously” means intentionally acting with a depravity of mind and reckless and wanton disregard of life. “Torture” means an action taken for the primary purpose of inflicting pain.

An example of a true incident of aggravated animal abuse is tying a cat’s legs together with duct tape, shocking it with an electric cattle prod, and severing its head with a samurai sword. This was the first AAA case prosecuted in Oregon.

Another example would be of a dog brought in to a veterinary clinic for treatment of serious internal injuries that, in spite of treatment, result in the animal’s death. The woman who brings the dog to the practice explains that she and her boyfriend had been arguing, and when she refused to acquiesce to his demands he kicked the dog as hard as he could, telling her “I’ll kill your dog if you don’t …”

Other crimes of animal cruelty

In addition to aggravated animal abuse in the first degree, there are two other classifications of animal abuse and two classifications of animal neglect.

Animal abuse in the first degree

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:

• Causes serious physical injury to an animal; or
• Cruelly causes the death of an animal

Any practice of good animal husbandry is not a violation. Animal abuse in the first degree is a Class A misdemeanor. However, the crime can be elevated to a Class C felony if the person has previously been convicted of aggravated animal abuse or if the person knowingly commits animal abuse in the first degree in the immediate presence of a minor child.

Animal abuse in the second degree

A person commits the crime of animal abuse in the second degree, if, except as otherwise authorized by law, the person intentionally, knowingly or recklessly causes physical injury to an animal.

Any practice of good animal husbandry is not a violation. Animal abuse in the second degree is a Class B misdemeanor.

Animal neglect in the first degree

A person commits the crime of animal neglect in the first degree if, except as otherwise authorized by law, the person intentionally, knowingly, recklessly or with criminal negligence fails to provide minimum care for an animal in the person’s custody or control and the failure to provide care results in serious physical injury or death to the animal.

Animal neglect in the first degree is a Class A misdemeanor.

Animal neglect in the second degree

A person commits the crime of animal neglect in the second degree, if, except as otherwise authorized by law, the person intentionally, knowingly, recklessly or with criminal negligence fails to provide minimum care for an animal in such person’s custody or control.

Animal neglect in the second degree is a Class B misdemeanor.

“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:

• Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight.
• Open or adequate access to potable water in sufficient quantity to satisfy the animals needs. Access to snow or ice is not adequate access to potable water.
• For a domestic animal other than a dog engaged in herding or protecting livestock, access to a barn, a 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.
• Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect and disease.
• For a domestic animal, continuous access to an area:
  • With adequate space for exercise necessary for the health of the animal.
  • With air temperature suitable for the animal.
  • Kept reasonably clean and free from excess waste or other contaminants that could affect the animals health.
• For a livestock animal that cannot walk or stand without assistance:
  • Humane euthanasia or the provision of immediate and ongoing care to restore the animal to an ambulatory state.