(1) A person commits the crime of animal abuse in the first degree if, except as otherwise authorized by law, the person recklessly causes serious physical injury or death to 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 one 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.
(5) When animal abuse in the first degree is a felony, the Oregon Criminal Justice Commission shall classify the offense as crime category 6 of the sentencing guidelines grid.
(6) Notwithstanding subsection (5) of this section, when animal abuse in the first degree is a felony because of circumstances described in subsection (4)(b) of this section, the Oregon Criminal Justice Commission shall classify the offense as crime category 7 of the sentencing guidelines grid.