Cruelty to animals is illegal in Virginia, as it is across the country. Virginia takes animal abuse seriously, making certain acts of animal neglect and cruelty a felony. Below, we’ve summarized the most important state laws that pet owners and animal lovers should know about.
What Is Considered Animal Neglect in Virginia?
Virginia law spells out the kind of care that owners must provide for their pets (or “companion animals”), including:
- enough food and fresh water
- clean, proper shelter from the elements
- adequate space for the animal’s age, size, and species
- enough exercise, and
- veterinary care when it’s needed to prevent suffering or the spreading of a disease.
Pet neglect is generally a misdemeanor. However, you could be charged with a felony if you maliciously deprived a companion animal of needed food, water, shelter, or emergency treatment, and you had a recent previous conviction for similar neglect or other animal abuse. (Va. Code §§ 3.2-6503, 3.2-6570(B) (2023).)
What Is Considered Animal Cruelty in Virginia?
Virginia also makes it a crime to abuse any animal in various ways, including:
- torture
- cruel and unnecessary beating, maiming, mutilating, or killing
- doing anything that causes serious injury or pain
- depriving an animal of necessary food, water, shelter, or emergency vet treatment; and
- transporting an animal in a way that results in unnecessary suffering.
Owners may also be guilty of this crime if they allow someone else to do any of these things to their animals. Animal abuse is generally a misdemeanor. But, under "Tommie's law," animal cruelty becomes a felony if:
- a pet dog or cat was seriously injured or died as a result, or
- the accused was recently convicted for a similar crime that resulted in an animal’s death.
Virginia exempts genuine scientific or medical experimentation from its animal cruelty laws, as well as legal hunting, fishing, trapping, farming, and wildlife management.
(Va. Code § 3.2-6570 (2023).)
Is It Illegal to Attend a Dog Fight in Virginia?
Yes. In general, it’s a misdemeanor in Virginia to attend, promote, or run an animal fighting for entertainment or profit.
Participation in any form becomes a felony if the fighting involves:
- dogs
- devices that increase the animals’ ability to fight (such as spurs in cockfighting)
- betting or admission charges
- owning, training, or selling animals for the purpose of organized fights; or
- allowing minors to attend fights.
Illegal participation includes attendance at an organized fight. (Va. Code § 3.2-6571 (2023).)
Is It Illegal to Abandon an Animal in Virginia?
Yes, it’s a misdemeanor in Virginia to dump or abandon any animal. Failing to give an animal basic care for four days in a row is considered abandonment. Dumping an animal means deserting or giving up a companion animal without finding another owner or custodian for it. Surrendering an animal to a shelter is not abandonment. (Va. Code §§ 3.2-6500, 3.2-6504 (2023).)
Can Animal Control Take Away Your Pet in Virginia?
Yes. Any police, humane, or animal control officer can seize and impound an animal that’s been treated cruelly, abandoned, or deprived of adequate care. The officer must give notice to the owner, who may go to court to ask for the animal back. If the court decides the owner violated animal abuse laws, the owner must pay all the costs associated with seizing, caring for, or disposing of the animal.
In addition to Virginia's civil and criminal penalties for animal abuse, anyone found guilty of neglecting, abandoning, or cruelly treating a companion animal may be barred from owning other pets. Also, it's illegal for anyone convicted of animal abuse or neglect to sell or trade any pet, unless the court has ordered it.
(Va. Code §§ 3.2-6569(I), 3.2-6570.1 (2023).)
Can You Rescue Dogs or Cats From Hot Cars in Virginia?
In Virginia, law enforcement or animal control officers, firefighters, and emergency responders are allowed to break into vehicles to rescue pets at risk of serious injury or death. Rescuing officers won’t be liable in civil lawsuits for property damage to cars or injury to pets unless their actions amounted to “gross negligence or willful or wanton misconduct.” If you see an animal in distress, contact the authorities. (Va. Code § 3.2-6504.1 (2023).)
How to Report Animal Abuse in Virginia
Speaking With a Lawyer
If you’ve been accused of animal cruelty—or you’re worried about possible charges—it’s a good idea to speak with a criminal defense lawyer as soon as possible. An attorney experienced in this area should be able to explain relevant state and local laws, how you might recover your pet if authorities have already taken it, and any defenses you might have to criminal charges.