(1) A person commits the crime of encouraging aggravated animal abuse in the second degree if the person:
(a)(A)(i) Knowingly possesses or controls, or knowingly accesses with the intent to view, a visual recording of an act described in ORS 167.322 (1)(a) or (b); or
(ii) Knowingly pays, exchanges or gives anything of value to obtain or view a visual recording of an act described in ORS 167.322 (1)(a) or (b); and
(B) Knows or is aware of and consciously disregards the fact that creation of the visual recording of an act described in ORS 167.322 (1)(a) or (b) involved aggravated animal abuse; or
(b)(A) Knowingly pays, exchanges or gives anything of value to observe an act described in ORS 167.322 (1)(a) or (b) or knowingly observes an act described in ORS 167.322 (1)(a) or (b); and
(B) Knows or is aware of a substantial and unjustifiable risk that an act described in ORS 167.322 (1)(a) or (b) constitutes aggravated animal abuse.
(2) Encouraging aggravated animal abuse in the second degree is a Class B misdemeanor.