Virginia

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Titlesort ascending Summary
Warren v. Commonwealth 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.
Virginia General Laws 1893: Cruelty to Animals


A collection of Virginia laws from 1893 concerning the punishment and enforcement against cruelty to animals.  The laws cover cruelty to animals, power of agents of the court to search for cruelty to animals, and the punishment for shooting pigeons among other things.

VA - Virginia Beach - Chapter 1 General Provisions and Chapter 5: Animals and Fowl (ARTICLE V: ANIMAL WELFARE. DIVISION 3: PROHIBITED ACTS)


Under this Virginia Beach ordinance, if a person knows or has reason to believe a dog is a guide dog or a leader dog and that person, without just cause, willfully impedes or interferes with said dog, then that person is guilty of a Class 3 misdemeanor and is subject to fines not to exceed more than $500. However, if a person knows or has reason to believe a dog is a guide dog or a leader dog and that person, without just cause, willfully injures said dog, then that person is guilty of a class 1 misdemeanor and is subject to fines not to exceed more than $2,500.

VA - Veterinary - Chapter 38. Veterinary Medicine.


These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

VA - Veterinarian Issues - Professional Conduct The following regulation lists what is considered unprofessional conduct by a Virginia veterinarian. Violation of this regulation may result in a refusal to grant or renew a license; or may result in a suspension or revocation of a license, as described in § 54.1-3807(5) of the Code of Virginia.
VA - Vehicle - § 3.2-6504.1. Civil immunity; forcible entry of motor vehicle to remove unattended companion animal. 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.
VA - Vehicle - § 29.1-539. Keeping deer or bear struck by motor vehicle; 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.
VA - Trusts - § 64.2-726. Trust for care of animal


This Virginia pet trust law becomes effective July 1, 2006.  The law provides that a trust may be created to provide for the care of an animal alive during the settlor's lifetime. The trust terminates upon the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor's lifetime, upon the death of the last surviving animal.

VA - Restaurant - § 3.2-5115. Animals 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.
VA - Resarch animals - Article 13. Animal Research 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.

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