3.2-6570 - Cruelty to animals; penalty.
§ 3.2-6570. Cruelty to animals; penalty.
A. Any person who: (i) overrides, overdrives, overloads, tortures,ill-treats, abandons, willfully inflicts inhumane injury or pain notconnected with bona fide scientific or medical experimentation, or cruelly orunnecessarily beats, maims, mutilates, or kills any animal, whether belongingto himself or another; (ii) deprives any animal of necessary food, drink,shelter or emergency veterinary treatment; (iii) sores any equine for anypurpose or administers drugs or medications to alter or mask such soring forthe purpose of sale, show, or exhibition of any kind, unless suchadministration of drugs or medications is within the context of a veterinaryclient-patient relationship and solely for therapeutic purposes; (iv)willfully sets on foot, instigates, engages in, or in any way furthers anyact of cruelty to any animal; (v) carries or causes to be carried by anyvehicle, vessel or otherwise any animal in a cruel, brutal, or inhumanemanner, so as to produce torture or unnecessary suffering; or (vi) causes anyof the above things, or being the owner of such animal permits such acts tobe done by another is guilty of a Class 1 misdemeanor.
In addition to the penalties provided in this subsection, the court may, inits discretion, require any person convicted of a violation of thissubsection to attend an anger management or other appropriate treatmentprogram or obtain psychiatric or psychological counseling. The court mayimpose the costs of such a program or counseling upon the person convicted.
B. Any person who: (i) tortures, willfully inflicts inhumane injury or painnot connected with bona fide scientific or medical experimentation, orcruelly and unnecessarily beats, maims, mutilates or kills any animal whetherbelonging to himself or another; (ii) sores any equine for any purpose oradministers drugs or medications to alter or mask such soring for the purposeof sale, show, or exhibit of any kind, unless such administration of drugs ormedications is under the supervision of a licensed veterinarian and solelyfor therapeutic purposes; (iii) maliciously deprives any companion animal ofnecessary food, drink, shelter or emergency veterinary treatment; (iv)instigates, engages in, or in any way furthers any act of cruelty to anyanimal set forth in clauses (i) through (iv); or (v) causes any of theactions described in clauses (i) through (iv), or being the owner of suchanimal permits such acts to be done by another; and has been within fiveyears convicted of a violation of this subsection or subsection A, is guiltyof a Class 6 felony if the current violation or any previous violation ofthis subsection or subsection A resulted in the death of an animal or theeuthanasia of an animal based on the recommendation of a licensedveterinarian upon determination that such euthanasia was necessary due to thecondition of the animal, and such condition was a direct result of aviolation of this subsection or subsection A.
C. Nothing in this section shall be construed to prohibit the dehorning ofcattle conducted in a reasonable and customary manner.
D. This section shall not prohibit authorized wildlife management activitiesor hunting, fishing or trapping as regulated under other titles of the Codeof Virginia, including Title 29.1, or to farming activities as provided underthis title or regulations adopted hereunder.
E. It is unlawful for any person to kill a domestic dog or cat for thepurpose of obtaining the hide, fur or pelt of the dog or cat. A violation ofthis subsection is a Class 1 misdemeanor. A second or subsequent violation ofthis subsection is a Class 6 felony.
F. Any person who: (i) tortures, willfully inflicts inhumane injury or painnot connected with bona fide scientific or medical experimentation or cruellyand unnecessarily beats, maims or mutilates any dog or cat that is acompanion animal whether belonging to him or another; and (ii) as a directresult causes the death of such dog or cat that is a companion animal, or theeuthanasia of such animal on the recommendation of a licensed veterinarianupon determination that such euthanasia was necessary due to the condition ofthe animal, is guilty of a Class 6 felony. If a dog or cat is attacked on itsowner's property by a dog so as to cause injury or death, the owner of theinjured dog or cat may use all reasonable and necessary force against the dogat the time of the attack to protect his dog or cat. Such owner may bepresumed to have taken necessary and appropriate action to defend his dog orcat and shall therefore be presumed not to have violated this subsection. Theprovisions of this subsection shall not overrule § 3.2-6540 or 3.2-6552.
G. Any person convicted of violating this section may be prohibited by thecourt from possession or ownership of companion animals.
(1984, c. 492, § 29-213.91; 1987, c. 488, § 3.1-796.122; 1992, c. 177; 1998,c. 817; 1999, cc. 209, 620, 645; 2002, cc. 351, 500, 583, 613; 2003, cc. 787,788; 2004, c. 217; 2007, c. 743; 2008, c. 860.)