(1) 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:
(a) 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; or
(b) Tethers a domestic animal in the person’s custody or control and the tethering results in serious physical injury or death to the domestic animal.
(2) Animal neglect in the first degree is a Class A misdemeanor.
(3) Notwithstanding subsection (2) of this section, animal neglect in the first degree is a Class C felony if:
(a) The person committing the offense has previously been convicted of one or more offenses under this section, ORS 167.325 or the equivalent laws of another jurisdiction;
(b) The offense was part of a criminal episode involving 10 or more animals;
(c) The person committing the offense acts intentionally, knowingly or recklessly as to the serious physical injury or death of the animal; or
(d) The person knowingly commits the offense in the immediate presence of a minor child. For purposes of this paragraph, a minor child is in the immediate presence of animal neglect if the neglect is seen or directly perceived in any other manner by the minor child.
(4) The Oregon Criminal Justice Commission shall classify animal neglect in the first degree under subsection (3) of this section:
(a) As crime category 6 if 10 to 40 animals were the subject of the neglect.
(b) As crime category 7 if more than 40 animals were the subject of the neglect or if the offense is a felony because of circumstances described in subsection (3)(a) or (d) of this section.