(1) A person commits the crime of aggravated animal abuse in the first degree if the person:
(a) Maliciously kills an animal; or
(b) Intentionally or knowingly tortures an animal.
(2) Aggravated animal abuse in the first degree is a Class C felony and the Oregon Criminal Justice Commission shall classify the offense as crime category 6 of the sentencing guidelines grid.
(3) As used in this section:
(a) “Maliciously” means intentionally acting with a depravity of mind and reckless and wanton disregard of life.
(b) “Torture” means an action taken for the primary purpose of inflicting pain.
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