Virginia Code 3.2-6540.04: Subsequent attack or bite by dangerous dog; penalty.
A. Any owner of an animal found to be a dangerous dog pursuant to § 3.2-6540, when such finding arose out of a separate and distinct incident, is guilty of a:
Attorney's Note
Under the Virginia Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 12 months | up to $2,500 |
| Class 2 misdemeanor | up to 6 months | up to $1,000 |
Terms Used In Virginia Code 3.2-6540.04
- Animal: means any nonhuman vertebrate species except fish. See Virginia Code 3.2-6500
- Companion animal: means any domestic or feral dog, domestic or feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal, reptile, exotic or native bird, or any feral animal or any animal under the care, custody, or ownership of a person or any animal that is bought, sold, traded, or bartered by any person. See Virginia Code 3.2-6500
- Kennel: means any establishment in which five or more canines, felines, or hybrids of either are kept for the purpose of breeding, hunting, training, renting, buying, boarding, selling, or showing. See Virginia Code 3.2-6500
- Owner: means any person who: (i) has a right of property in an animal; (ii) keeps or harbors an animal; (iii) has an animal in his care; or (iv) acts as a custodian of an animal. See Virginia Code 3.2-6500
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
1. Class 2 misdemeanor if such dog attacks and injures or kills a cat or dog that is a companion animal belonging to another person; or
2. Class 1 misdemeanor if such dog bites a human being or attacks a human being causing bodily injury.
B. The provisions of subsection A shall not apply to any animal that at the time of the act complained of was responding to pain or injury, was protecting itself, its kennel, its offspring, a person, or its owner’s property, or was a police dog engaged in the performance of its duties at the time of the attack.
C. The court may determine that a person convicted under this section shall be prohibited from owning, possessing, or residing on the same property with a dog.
2021, Sp. Sess. I, c. 464.