Chapter 796 Oregon Laws 2009

AN ACT

SB 280

Relating to animal fighting; creating new provisions; and amending ORS 131.602, 167.355 and 167.431.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 167.431 is amended to read:

          167.431. (1) A person commits the crime of participation in cockfighting if the person knowingly:

          (a) Attends a cockfight or pays admission at any location to view or bet on a cockfight; or

          (b) Manufactures, buys, sells, barters, exchanges, possesses, advertises or otherwise offers to sell equipment with the intent that the equipment be used in training or handling a fighting bird or for enhancing the fighting ability of a fighting bird. This paragraph does not apply to a gaff, slasher or other sharp implement designed for attachment to a fighting bird.

          (2) Participation in cockfighting is a Class [A misdemeanor] C felony.

SECTION 2. ORS 167.355 is amended to read:

          167.355. (1) A person commits the crime of involvement in animal fighting if the person:

          (a) Owns or trains an animal with the intention that the animal engage in an exhibition of fighting;

          (b) Promotes, conducts, participates in or is present as a spectator at an exhibition of fighting or preparations thereto;

          (c) Keeps or uses, or in any way is connected with or interested in the management of, or receives money for the admission of any person to any place kept or used for the purpose of an exhibition of fighting; or

          (d) Knowingly suffers or permits any place over which the person has possession or control to be occupied, kept or used for the purpose of an exhibition of fighting.

          (2) For purposes of this section:

          (a) “Animal” means any bird, reptile, amphibian, fish or nonhuman mammal, other than a dog or a fighting bird as defined in ORS 167.426.

          (b) “Exhibition of fighting” means a public or private display of combat between two or more animals in which the fighting, killing, maiming or injuring of animals is a significant feature. “Exhibition of fighting” does not include demonstrations of the hunting or tracking skills of an animal or the lawful use of animals for hunting, tracking or self-protection.

          (3) Involvement in animal fighting is a Class [A misdemeanor] C felony.

SECTION 3. ORS 131.602 is amended to read:

          131.602. The crimes to which ORS 131.550 (11)(b) applies are:

          (1) Bribe giving, as defined in ORS 162.015.

          (2) Bribe receiving, as defined in ORS 162.025.

          (3) Public investment fraud, as defined in ORS 162.117.

          (4) Bribing a witness, as defined in ORS 162.265.

          (5) Bribe receiving by a witness, as defined in ORS 162.275.

          (6) Simulating legal process, as defined in ORS 162.355.

          (7) Official misconduct in the first degree, as defined in ORS 162.415.

          (8) Custodial interference in the second degree, as defined in ORS 163.245.

          (9) Custodial interference in the first degree, as defined in ORS 163.257.

          (10) Buying or selling a person under 18 years of age, as defined in ORS 163.537.

          (11) Using a child in a display of sexually explicit conduct, as defined in ORS 163.670.

          (12) Encouraging child sexual abuse in the first degree, as defined in ORS 163.684.

          (13) Encouraging child sexual abuse in the second degree, as defined in ORS 163.686.

          (14) Encouraging child sexual abuse in the third degree, as defined in ORS 163.687.

          (15) Possession of materials depicting sexually explicit conduct of a child in the first degree, as defined in ORS 163.688.

          (16) Possession of materials depicting sexually explicit conduct of a child in the second degree, as defined in ORS 163.689.

          (17) Theft in the second degree, as defined in ORS 164.045.

          (18) Theft in the first degree, as defined in ORS 164.055.

          (19) Aggravated theft in the first degree, as defined in ORS 164.057.

          (20) Theft by extortion, as defined in ORS 164.075.

          (21) Theft by deception, as defined in ORS 164.085, if it is a felony or a Class A misdemeanor.

          (22) Theft by receiving, as defined in ORS 164.095, if it is a felony or a Class A misdemeanor.

          (23) Theft of services, as defined in ORS 164.125, if it is a felony or a Class A misdemeanor.

          (24) Unauthorized use of a vehicle, as defined in ORS 164.135.

          (25) Mail theft or receipt of stolen mail, as defined in ORS 164.162.

          (26) Laundering a monetary instrument, as defined in ORS 164.170.

          (27) Engaging in a financial transaction in property derived from unlawful activity, as defined in ORS 164.172.

          (28) Burglary in the second degree, as defined in ORS 164.215.

          (29) Burglary in the first degree, as defined in ORS 164.225.

          (30) Possession of a burglary tool or theft device, as defined in ORS 164.235.

          (31) Unlawful entry into a motor vehicle, as defined in ORS 164.272.

          (32) Arson in the second degree, as defined in ORS 164.315.

          (33) Arson in the first degree, as defined in ORS 164.325.

          (34) Computer crime, as defined in ORS 164.377.

          (35) Robbery in the third degree, as defined in ORS 164.395.

          (36) Robbery in the second degree, as defined in ORS 164.405.

          (37) Robbery in the first degree, as defined in ORS 164.415.

          (38) Unlawful labeling of a sound recording, as defined in ORS 164.868.

          (39) Unlawful recording of a live performance, as defined in ORS 164.869.

          (40) Unlawful labeling of a videotape recording, as defined in ORS 164.872.

          (41) A violation of ORS 164.886.

          (42) Endangering aircraft, as defined in ORS 164.885.

          (43) Interference with agricultural operations, as defined in ORS 164.887.

          (44) Forgery in the second degree, as defined in ORS 165.007.

          (45) Forgery in the first degree, as defined in ORS 165.013.

          (46) Criminal possession of a forged instrument in the second degree, as defined in ORS 165.017.

          (47) Criminal possession of a forged instrument in the first degree, as defined in ORS 165.022.

          (48) Criminal possession of a forgery device, as defined in ORS 165.032.

          (49) Criminal simulation, as defined in ORS 165.037.

          (50) Fraudulently obtaining a signature, as defined in ORS 165.042.

          (51) Fraudulent use of a credit card, as defined in ORS 165.055.

          (52) Negotiating a bad check, as defined in ORS 165.065.

          (53) Possessing a fraudulent communications device, as defined in ORS 165.070.

          (54) Unlawful factoring of a payment card transaction, as defined in ORS 165.074.

          (55) Falsifying business records, as defined in ORS 165.080.

          (56) Sports bribery, as defined in ORS 165.085.

          (57) Sports bribe receiving, as defined in ORS 165.090.

          (58) Misapplication of entrusted property, as defined in ORS 165.095.

          (59) Issuing a false financial statement, as defined in ORS 165.100.

          (60) Obtaining execution of documents by deception, as defined in ORS 165.102.

          (61) A violation of ORS 165.543.

          (62) Cellular counterfeiting in the third degree, as defined in ORS 165.577.

          (63) Cellular counterfeiting in the second degree, as defined in ORS 165.579.

          (64) Cellular counterfeiting in the first degree, as defined in ORS 165.581.

          (65) Identity theft, as defined in ORS 165.800.

          (66) A violation of ORS 166.190.

          (67) Unlawful use of a weapon, as defined in ORS 166.220.

          (68) A violation of ORS 166.240.

          (69) Unlawful possession of a firearm, as defined in ORS 166.250.

          (70) A violation of ORS 166.270.

          (71) Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer, as defined in ORS 166.272.

          (72) A violation of ORS 166.275.

          (73) Unlawful possession of armor piercing ammunition, as defined in ORS 166.350.

          (74) A violation of ORS 166.370.

          (75) Unlawful possession of a destructive device, as defined in ORS 166.382.

          (76) Unlawful manufacture of a destructive device, as defined in ORS 166.384.

          (77) Possession of a hoax destructive device, as defined in ORS 166.385.

          (78) A violation of ORS 166.410.

          (79) Providing false information in connection with a transfer of a firearm, as defined in ORS 166.416.

          (80) Improperly transferring a firearm, as defined in ORS 166.418.

          (81) Unlawfully purchasing a firearm, as defined in ORS 166.425.

          (82) A violation of ORS 166.429.

          (83) A violation of ORS 166.470.

          (84) A violation of ORS 166.480.

          (85) A violation of ORS 166.635.

          (86) A violation of ORS 166.638.

          (87) Unlawful paramilitary activity, as defined in ORS 166.660.

          (88) A violation of ORS 166.720.

          (89) Prostitution, as defined in ORS 167.007.

          (90) Promoting prostitution, as defined in ORS 167.012.

          (91) Compelling prostitution, as defined in ORS 167.017.

          (92) Exhibiting an obscene performance to a minor, as defined in ORS 167.075.

          (93) Unlawful gambling in the second degree, as defined in ORS 167.122.

          (94) Unlawful gambling in the first degree, as defined in ORS 167.127.

          (95) Possession of gambling records in the second degree, as defined in ORS 167.132.

          (96) Possession of gambling records in the first degree, as defined in ORS 167.137.

          (97) Possession of a gambling device, as defined in ORS 167.147.

          (98) Possession of a gray machine, as defined in ORS 167.164.

          (99) Cheating, as defined in ORS 167.167.

          (100) Tampering with drug records, as defined in ORS 167.212.

          (101) A violation of ORS 167.262.

          (102) Research and animal interference, as defined in ORS 167.312.

          (103) Animal abuse in the first degree, as defined in ORS 167.320.

          (104) Aggravated animal abuse in the first degree, as defined in ORS 167.322.

          (105) Animal neglect in the first degree, as defined in ORS 167.330.

          (106) Interfering with an assistance, a search and rescue or a therapy animal, as defined in ORS 167.352.

          (107) Involvement in animal fighting, as defined in ORS 167.355.

          (108) Dogfighting, as defined in ORS 167.365.

          (109) Participation in dogfighting, as defined in ORS 167.370.

          (110) Unauthorized use of a livestock animal, as defined in ORS 167.385.

          (111) Interference with livestock production, as defined in ORS 167.388.

          (112) A violation of ORS 167.390.

(113) Participation in cockfighting, as defined in ORS 167.431.

          [(113)] (114) A violation of ORS 471.410.

          [(114)] (115) Failure to report missing precursor substances, as defined in ORS 475.955.

          [(115)] (116) Illegally selling drug equipment, as defined in ORS 475.960.

          [(116)] (117) Providing false information on a precursor substances report, as defined in ORS 475.965.

          [(117)] (118) Unlawful delivery of an imitation controlled substance, as defined in ORS 475.912.

          [(118)] (119) A violation of ORS 475.840, if it is a felony or a Class A misdemeanor.

          [(119)] (120) A violation of ORS 475.914, if it is a felony or a Class A misdemeanor.

          [(120)] (121) A violation of ORS 475.916.

          [(121)] (122) A violation of ORS 475.906, if it is a felony or a Class A misdemeanor.

          [(122)] (123) A violation of ORS 475.904.

          [(123)] (124) Misuse of an identification card, as defined in ORS 807.430.

          [(124)] (125) Unlawful production of identification cards, licenses, permits, forms or camera cards, as defined in ORS 807.500.

          [(125)] (126) Transfer of documents for the purposes of misrepresentation, as defined in ORS 807.510.

          [(126)] (127) Using an invalid license, as defined in ORS 807.580.

          [(127)] (128) Permitting misuse of a license, as defined in ORS 807.590.

          [(128)] (129) Using another’s license, as defined in ORS 807.600.

          [(129)] (130) Criminal driving while suspended or revoked, as defined in ORS 811.182, when it is a felony.

          [(130)] (131) Driving while under the influence of intoxicants, as defined in ORS 813.010, when it is a felony.

          [(131)] (132) Unlawful distribution of cigarettes, as defined in ORS 323.482.

          [(132)] (133) Unlawful distribution of tobacco products, as defined in ORS 323.632.

          [(133)] (134) A violation of ORS 180.440 (2).

          [(134)] (135) A violation described in ORS 475.846 to 475.894, if it is a felony.

          [(135)] (136) Subjecting another person to involuntary servitude in the first degree, as defined in ORS 163.264.

          [(136)] (137) Subjecting another person to involuntary servitude in the second degree, as defined in ORS 163.263.

          [(137)] (138) Trafficking in persons, as defined in ORS 163.266.

          [(138)] (139) Furnishing sexually explicit material to a child, as defined in ORS 167.054.

          [(139)] (140) Luring a minor, as defined in ORS 167.057.

          [(140)] (141) Online sexual corruption of a child in the second degree, as defined in ORS 163.432.

          [(141)] (142) Online sexual corruption of a child in the first degree, as defined in ORS 163.433.

          [(142)] (143) An attempt, conspiracy or solicitation to commit a crime in subsections (1) to [(141)] (142) of this section if the attempt, conspiracy or solicitation is a felony or a Class A misdemeanor.

SECTION 4. The amendments to ORS 131.602, 167.355 and 167.431 by sections 1 to 3 of this 2009 Act apply to conduct occurring on or after the effective date of this 2009 Act.

Approved by the Governor July 23, 2009

Filed in the office of Secretary of State July 23, 2009

Effective date January 1, 2010

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