State v. Nix

In this criminal case, defendant was found guilty of 20 counts of second-degree animal neglect. ORS 167.325 (2009). Oregon’s “anti-merger” statute, ORS 161.067, provides that, when the same conduct or criminal episode violates only one statute, but involves more than one “victim,” there are “as many separately punishable offenses as there are victims.” The issue in this case is whether defendant is guilty of 20 separately punishable offenses, which turns on the question whether animals are “victims” for the purposes of the anti-merger statute. The trial court concluded that, because only…