Virginia

Summary: This Virginia law states that local school divisions shall provide students with alternatives to animal dissection techniques. The Board of Education shall establish guidelines to be implemented by local school divisions regarding such alternative dissection techniques. In addition, those guidelines must provide notification to students and parents of the option to decline participation in animal dissection.

Summary: Warren, the defendant in this case, videotaped on his cell phone sexual encounters he had with K.H. and her dog. The videos showed the dog's tongue penetrating K.H.'s vagina while K.H. performed oral sex on Warren. In March of 2017, Deputy Sheriff Adam Reynolds spoke to Warren about an unrelated matter. Warren asked if "bestiality type stuff" was "legal or illegal," described the cellphone videos, and offered to show them to Reynolds. Reynolds contacted Investigator Janet Sergeant and they obtained a search warrant and removed the videos from Warren's cellphone. Warren was indicted and moved to dismiss the indictment arguing that Code § 18.2-361(A), which criminalizes soliciting another person to "carnally know a brute animal or to submit to carnal knowledge with a brute animal," is facially unconstitutional and unconstitutional as applied to him. "He argued that the conduct depicted in the videos could not be subject to criminal sanction because it amounted to nothing more than consensual conduct involving adults." The trial court denied Warren's motion to dismiss. The trial court convicted Warren of the charged offense. Warren appealed again challenging the constitutionality of the offense and that it violated his due process rights. Warren relied on a Supreme Court case, Lawrence v. Texas, which held that two adults engaging in consensual homosexual sexual practices was protected by the due process clause. He argued that the reasoning of Lawrence applies with equal force to his case. The Court of Appeals reasoned that although Code § 18.2-361(A) cannot criminalize sodomy between consenting adults, it can continue to regulate other forms of sodomy, like bestiality. "If Lawrence, which involved a prohibition on same-sex sodomy, did not facially invalidate the anti-sodomy provision of then Code § 18.2-361(A), it defies logic that it facially invalidates the bestiality portion of the statute that existed before the 2014 amendment and is all that remains after that amendment." Even though Warren claims his right as "the right of adults to engage in consensual private conduct without intervention of the government," the court concluded that the right he is actually asserting is the right to engage in bestiality. Code § 18.2-361(A) "does not place any limitation on the rights of consenting adults to engage in private, consensual, noncommercial, sexual acts with each other." The only act it prohibits is sexual conduct with a brute animal. Therefore, the only right the statute could possibly infringe on wold be the right to engage in bestiality. The Commonwealth has a legitimate interest in banning sex with animals. The Court of Appeals held that the General Assembly's prohibition of bestiality does not violate the Due Process Clause of the Constitution. The Court rejected Warren's challenge to the constitutionality of the statute and affirmed the judgment of the trial court.

Summary: This Virginia set of laws, enacted in 2018, relates to animal research. The section states that no manufacturer or contract testing facility shall use an animal test method when an alternative test method is available. The Attorney General may bring a civil action in the appropriate circuit court for injunctive relief to enforce the provisions of this article. Any person violating these provisions may result in a civil penalty of not more than $5,000 and any court costs and attorney fees.

Summary: This Virginia law states that no animal shall be permitted in any area used for the manufacture or storage of food products. However, a dog may be allowed in designated areas of a distillery, winery, or brewery as defined in the law.

Summary: This Virginia law, enacted in 2018, allows either party in a criminal proceeding to apply for an order from the court allowing a certified facility dog to be present with a witness testifying before the court through in-person testimony or testimony televised by two-way closed-circuit television. A court may allow if it several factors are found by a preponderance of the evidence. In this section, a “certified facility dog” means a dog that (i) has completed training and been certified by a program accredited by Assistance Dogs International or by another assistance dog organization that is a member of an organization whose main purpose is to improve training, placement, and utilization of assistance dogs and (ii) is accompanied by a duly trained handler.

Summary: Any person driving a motor vehicle who collides with a deer or bear may, upon compliance with relevant provisions, keep the deer or bear for his or her own use. The person shall immediately report the accident to a conservation police officer or other law-enforcement officer. If the officer believes that the deer or bear was killed by the collision, he shall award the animal to the person claiming the deer or bear, and shall give the person a certificate to that effect.

Summary: The appellant, John Dixon O'Malley was not charged with or convicted of any crime. However, he was issued a summons to determine whether his dog was dangerous pursuant to Virginia Code § 3.2–6540(A) and (B). The jury found O’Malley's dog to be dangerous under the Virginia Code due to attacking and injuring the dog of Randall Powell. O’Malley appealed the trial court decision to the Court of Appeals of Virginia. The Court of Appeals concluded that they did not have jurisdiction over the appeal due to being a court of limited jurisdiction. The Court relied on Virginia Code § 17.1–406(A) which provides that the Court of Appeals' appellate jurisdiction was limited to appeals from final criminal convictions. The Court of Appeals reasoned that no language in Code § 3.2–6540 characterized as criminal the proceeding to identify a canine as a dangerous dog. Therefore, the finding at the trial level that O’Malley's dog was dangerous was civil in nature. Because the finding was civil in nature, the Court of Appeals lacked subject matter jurisdiction over O’Malley’s appeal and the case was transferred to the Supreme Court of Virginia.

Summary: This Virginia law was signed by the Governor on April 1, 2016. The law provides that no law-enforcement officer, firefighter, emergency medical services personnel, or animal control officer who in good faith forcibly enters a motor vehicle in order to remove an unattended companion animal that is at risk of serious bodily injury or death shall be liable for any property damage to the vehicle entered or injury to the animal resulting from such forcible entry and removal of the animal, unless such property damage or injury results from gross negligence or willful or wanton misconduct.

Summary: Every keeper of a livery stable, hangar, tie-down, or marina, and every person pasturing or keeping any horses or other animals, boats, aircrafts, or harness, will have a lien for the amount that would be due for towing, storage, recovery, keeping, supporting, and care. The lien will be removed once the amount is paid.

Summary: The following regulations implement Virginia's exotic pet laws.