167.315, 167.333, 167.340, 167.355, 167.365 or 167.428, of a misdemeanor or a felony under ORS 167.320, 167.325 or 167.330, or of a violation of the equivalent laws of another jurisdiction. ����� (B)

167.315, 167.333, 167.340, 167.355, 167.365 or 167.428, of a misdemeanor or a felony under ORS 167.320, 167.325 or 167.330, or of a violation of the equivalent laws of another jurisdiction.

����� (B) Serve a copy of the motion upon the office of the prosecuting attorney who prosecuted the offense.

����� (b) When a person files a motion described in paragraph (a) of this subsection, the sentencing court shall hold a hearing. At the hearing, the sentencing court shall consider:

����� (A) The nature of the underlying offense;

����� (B) The number of animals involved in the underlying offense;

����� (C) The degree of violence and criminal intent involved in the underlying offense;

����� (D) Other criminal and relevant noncriminal behavior of the person both before and after the underlying conviction;

����� (E) The period of time during which the person has not reoffended;

����� (F) Whether the person has successfully completed a court-approved treatment program related to animal care and welfare; and

����� (G) Any other relevant factors.

����� (c) If, after a hearing described in paragraph (b) of this subsection, the sentencing court is satisfied by clear and convincing evidence that the person no longer poses any risk to animals under the person�s custody or control, the sentencing court shall:

����� (A) Enter an order terminating the prohibition, reducing the length of the prohibition, amending the prohibition to exclude certain categories of animals or amending the prohibition to exclude certain specific animals.

����� (B) 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 any animals under the person�s custody or control. A refusal to consent to a reasonable inspection described in this subparagraph constitutes contempt of court and, if the person is found in contempt, shall result in the sentencing court revoking the order described in subparagraph (A) of this paragraph.

����� (d) A person whose motion under this subsection has been granted and who possesses or resides with an animal in violation of an order described in paragraph (c)(A) of this subsection commits a Class A misdemeanor. If a person is convicted of a violation described in this paragraph, as part of the sentence the sentencing court may order the removal of the animal from the person�s possession or residence. [2001 c.926 �3; 2009 c.486 �1; 2013 c.719 �6; 2015 c.324 �4; 2017 c.677 �3; 2024 c.30 �7; 2024 c.41 �7]

����� 167.333 Sexual assault of an animal. (1) A person commits the crime of sexual assault of an animal if the person:

����� (a) Touches or contacts, or causes an object or another person to touch or contact, the mouth, anus or sex organs of an animal or animal carcass for the purpose of arousing or gratifying the sexual desire of a person; or

����� (b) Causes an animal or animal carcass to touch or contact the mouth, anus or sex organs of a person for the purpose of arousing or gratifying the sexual desire of a person.

����� (2) Subsection (1) of this section does not apply to the use of products derived from animals.

����� (3) Sexual assault of an animal is a Class C felony. [2001 c.926 �5b; 2003 c.428 �1; 2015 c.324 �3]

����� 167.334 Evaluation of person convicted of violating ORS 167.333. Upon the conviction of a defendant for violation of ORS 167.333, the court may order a psychiatric or psychological evaluation of the defendant for inclusion in the presentence report as described in ORS 137.077. [2001 c.926 �5c]

����� Note: 167.334 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 167.335 Exemption from ORS 167.315 to 167.333. (1) Unless gross negligence can be shown, the provisions of ORS 167.315 to