{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/3.2-6540.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/3.2-6540.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/3.2-6540.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/3.2-6540.1.html"}],"law_id":82525,"edition_id":1,"section_id":82525,"structure_id":13171,"section_number":"3.2-6540.1","catch_line":"Vicious dogs; penalties","history":"2013, cc. 58, 732; 2022, c. 614.","full_text":"A\n\nAs used in this section:\n\t\t\t“Serious injury” means an injury having a reasonable potential to cause death or any injury other than a sprain or strain, including serious disfigurement, serious impairment of health, or serious impairment of bodily function and requiring significant medical attention.\n\t\t\t“Vicious dog” means a canine or canine crossbreed that has (i) killed a person, (ii) inflicted serious injury to a person, or (iii) continued to exhibit the behavior that resulted in a previous finding by a court or, on or before July 1, 2006, by an animal control officer as authorized by ordinance that it is a dangerous dog, provided that its owner has been given notice of that finding.B\n\nAny law-enforcement officer or animal control officer who (i) has reason to believe that a canine or canine crossbreed is a vicious dog and (ii) is located in the jurisdiction where the vicious dog resides or in the jurisdiction where a vicious dog committed an act set forth in the definition shall apply to a magistrate serving the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. If a law-enforcement officer successfully makes an application for the issuance of a summons, he shall contact the local animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is vicious. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. Unless good cause is determined by the court, the evidentiary hearing shall be held not more than 30 days from the issuance of the summons. The court, through its contempt powers, may compel the owner, custodian, or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of § 3.2-6562. The court, upon finding the animal to be a vicious dog, may order the owner, custodian, or harborer thereof to pay restitution for actual damages to any person injured by the animal or to the estate of any person killed by the animal. The court, in its discretion, may also order the owner to pay all reasonable expenses incurred in caring and providing for such vicious dog from the time the animal is taken into custody until such time as the animal is disposed of. The procedure for appeal and trial shall be the same as provided by law for misdemeanors, except that unless good cause is determined by the court, an appeal shall be heard within 30 days. Trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required to prove its case beyond a reasonable doubt.C\n\nNo canine or canine crossbreed shall be found to be a vicious dog solely because it is a particular breed, nor is the ownership of a particular breed of canine or canine crossbreed prohibited. No animal shall be found to be a vicious dog if the threat, injury, or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal’s owner or custodian; (ii) committing, at the time, a willful trespass upon the premises occupied by the animal’s owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a vicious dog. No animal that, at the time of the acts complained of, was responding to pain or injury or was protecting itself, its kennel, its offspring, a person, or its owner’s or custodian’s property, shall be found to be a vicious dog.D\n\nAny owner or custodian of a canine or canine crossbreed or other animal whose willful act or omission in the care, control, or containment of a canine, canine crossbreed, or other animal is so gross, wanton, and culpable as to show a reckless disregard for human life and is the proximate cause of such dog or other animal attacking and causing serious injury to any person is guilty of a Class 6 felony. The provisions of this subsection shall not apply to any animal that, at the time of the acts complained of, was responding to pain or injury or was protecting itself, its kennel, its offspring, a person, or its owner’s or custodian’s property, or when the animal is a police dog that is engaged in the performance of its duties at the time of the attack.E\n\nThe governing body of any locality may enact an ordinance parallel to this statute regulating vicious dogs. No locality may impose a felony penalty for violation of such ordinances.","order_by":null,"text":{"0":{"id":295638,"text":"As used in this section:\n\t\t\t“Serious injury” means an injury having a reasonable potential to cause death or any injury other than a sprain or strain, including serious disfigurement, serious impairment of health, or serious impairment of bodily function and requiring significant medical attention.\n\t\t\t“Vicious dog” means a canine or canine crossbreed that has (i) killed a person, (ii) inflicted serious injury to a person, or (iii) continued to exhibit the behavior that resulted in a previous finding by a court or, on or before July 1, 2006, by an animal control officer as authorized by ordinance that it is a dangerous dog, provided that its owner has been given notice of that finding.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":295639,"text":"Any law-enforcement officer or animal control officer who (i) has reason to believe that a canine or canine crossbreed is a vicious dog and (ii) is located in the jurisdiction where the vicious dog resides or in the jurisdiction where a vicious dog committed an act set forth in the definition shall apply to a magistrate serving the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. If a law-enforcement officer successfully makes an application for the issuance of a summons, he shall contact the local animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is vicious. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. Unless good cause is determined by the court, the evidentiary hearing shall be held not more than 30 days from the issuance of the summons. The court, through its contempt powers, may compel the owner, custodian, or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of § 3.2-6562. The court, upon finding the animal to be a vicious dog, may order the owner, custodian, or harborer thereof to pay restitution for actual damages to any person injured by the animal or to the estate of any person killed by the animal. The court, in its discretion, may also order the owner to pay all reasonable expenses incurred in caring and providing for such vicious dog from the time the animal is taken into custody until such time as the animal is disposed of. The procedure for appeal and trial shall be the same as provided by law for misdemeanors, except that unless good cause is determined by the court, an appeal shall be heard within 30 days. Trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required to prove its case beyond a reasonable doubt.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":295640,"text":"No canine or canine crossbreed shall be found to be a vicious dog solely because it is a particular breed, nor is the ownership of a particular breed of canine or canine crossbreed prohibited. No animal shall be found to be a vicious dog if the threat, injury, or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal’s owner or custodian; (ii) committing, at the time, a willful trespass upon the premises occupied by the animal’s owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a vicious dog. No animal that, at the time of the acts complained of, was responding to pain or injury or was protecting itself, its kennel, its offspring, a person, or its owner’s or custodian’s property, shall be found to be a vicious dog.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":295641,"text":"Any owner or custodian of a canine or canine crossbreed or other animal whose willful act or omission in the care, control, or containment of a canine, canine crossbreed, or other animal is so gross, wanton, and culpable as to show a reckless disregard for human life and is the proximate cause of such dog or other animal attacking and causing serious injury to any person is guilty of a Class 6 felony. The provisions of this subsection shall not apply to any animal that, at the time of the acts complained of, was responding to pain or injury or was protecting itself, its kennel, its offspring, a person, or its owner’s or custodian’s property, or when the animal is a police dog that is engaged in the performance of its duties at the time of the attack.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":295642,"text":"The governing body of any locality may enact an ordinance parallel to this statute regulating vicious dogs. No locality may impose a felony penalty for violation of such ordinances.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13171,"edition_id":1,"name":"Authority of Local Governing Bodies","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":13170,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":198807,"object_type":"structure","relational_id":13171,"identifier":"6","token":"3.2\/V\/65\/6","url":"\/3.2\/V\/65\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13170,"edition_id":1,"name":"Comprehensive Animal Care","identifier":"65","label":"chapter","depth":3,"order_by":1,"parent_id":13169,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":198459,"object_type":"structure","relational_id":13170,"identifier":"65","token":"3.2\/V\/65","url":"\/3.2\/V\/65\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13169,"edition_id":1,"name":"Domestic Animals","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12793,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":198133,"object_type":"structure","relational_id":13169,"identifier":"V","token":"3.2\/V","url":"\/3.2\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12793,"edition_id":1,"name":"Agriculture, Animal Care, and Food","identifier":"3.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":193939,"object_type":"structure","relational_id":12793,"identifier":"3.2","token":"3.2","url":"\/3.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":81839,"structure_id":13171,"section_number":"3.2-6537","catch_line":"Ordinances; penalties","url":"\/3.2-6537\/","token":"3.2\/V\/65\/6\/3.2-6537","metadata":false},{"id":74955,"structure_id":13171,"section_number":"3.2-6537.1","catch_line":"Cash bond for a pet shop obtaining certain dogs","url":"\/3.2-6537.1\/","token":"3.2\/V\/65\/6\/3.2-6537.1","metadata":false},{"id":75887,"structure_id":13171,"section_number":"3.2-6538","catch_line":"Governing body of any locality may prohibit dogs from running at large; civil penalty","url":"\/3.2-6538\/","token":"3.2\/V\/65\/6\/3.2-6538","metadata":false},{"id":54470,"structure_id":13171,"section_number":"3.2-6539","catch_line":"Ordinance requiring dogs to be kept on leash","url":"\/3.2-6539\/","token":"3.2\/V\/65\/6\/3.2-6539","metadata":false},{"id":86290,"structure_id":13171,"section_number":"3.2-6540","catch_line":"Dangerous dogs; investigation, summons, and hearing","url":"\/3.2-6540\/","token":"3.2\/V\/65\/6\/3.2-6540","metadata":false},{"id":78978,"structure_id":13171,"section_number":"3.2-6540.01","catch_line":"Obligations of officer and owner following dangerous dog finding","url":"\/3.2-6540.01\/","token":"3.2\/V\/65\/6\/3.2-6540.01","metadata":false},{"id":61898,"structure_id":13171,"section_number":"3.2-6540.02","catch_line":"Notice of dangerous dog finding; penalty","url":"\/3.2-6540.02\/","token":"3.2\/V\/65\/6\/3.2-6540.02","metadata":false},{"id":76550,"structure_id":13171,"section_number":"3.2-6540.03","catch_line":"Violation of law by owner of dangerous dog; penalty","url":"\/3.2-6540.03\/","token":"3.2\/V\/65\/6\/3.2-6540.03","metadata":false},{"id":54186,"structure_id":13171,"section_number":"3.2-6540.04","catch_line":"Subsequent attack or bite by dangerous dog; penalty","url":"\/3.2-6540.04\/","token":"3.2\/V\/65\/6\/3.2-6540.04","metadata":false},{"id":82525,"structure_id":13171,"section_number":"3.2-6540.1","catch_line":"Vicious dogs; penalties","url":"\/3.2-6540.1\/","token":"3.2\/V\/65\/6\/3.2-6540.1","metadata":false},{"id":64609,"structure_id":13171,"section_number":"3.2-6541","catch_line":"Authority to prohibit training of attack dogs","url":"\/3.2-6541\/","token":"3.2\/V\/65\/6\/3.2-6541","metadata":false},{"id":67596,"structure_id":13171,"section_number":"3.2-6541.1","catch_line":"Authority to prohibit ownership of particular breed","url":"\/3.2-6541.1\/","token":"3.2\/V\/65\/6\/3.2-6541.1","metadata":false},{"id":60877,"structure_id":13171,"section_number":"3.2-6542","catch_line":"Establishment of Dangerous Dog Registry","url":"\/3.2-6542\/","token":"3.2\/V\/65\/6\/3.2-6542","metadata":false},{"id":71489,"structure_id":13171,"section_number":"3.2-6542.1","catch_line":"Renewal of dangerous dog registration","url":"\/3.2-6542.1\/","token":"3.2\/V\/65\/6\/3.2-6542.1","metadata":false},{"id":81226,"structure_id":13171,"section_number":"3.2-6542.2","catch_line":"Dangerous dog fees; local fund","url":"\/3.2-6542.2\/","token":"3.2\/V\/65\/6\/3.2-6542.2","metadata":false},{"id":78689,"structure_id":13171,"section_number":"3.2-6543","catch_line":"Governing body of any locality may adopt certain ordinances","url":"\/3.2-6543\/","token":"3.2\/V\/65\/6\/3.2-6543","metadata":false},{"id":66579,"structure_id":13171,"section_number":"3.2-6543.1","catch_line":"Authority to enact parallel dangerous dog ordinance","url":"\/3.2-6543.1\/","token":"3.2\/V\/65\/6\/3.2-6543.1","metadata":false},{"id":64002,"structure_id":13171,"section_number":"3.2-6544","catch_line":"Regulation of keeping of animals and fowl","url":"\/3.2-6544\/","token":"3.2\/V\/65\/6\/3.2-6544","metadata":false},{"id":65760,"structure_id":13171,"section_number":"3.2-6545","catch_line":"Regulation of sale of animals procured from animal shelters","url":"\/3.2-6545\/","token":"3.2\/V\/65\/6\/3.2-6545","metadata":false},{"id":84667,"structure_id":13171,"section_number":"3.2-6546","catch_line":"County or city public animal shelters; confinement and disposition of animals; affiliation with foster care providers; penalties; injunctive relief","url":"\/3.2-6546\/","token":"3.2\/V\/65\/6\/3.2-6546","metadata":false},{"id":73172,"structure_id":13171,"section_number":"3.2-6547","catch_line":"Acceptance of animals for research or experimentation; prohibition","url":"\/3.2-6547\/","token":"3.2\/V\/65\/6\/3.2-6547","metadata":false},{"id":83344,"structure_id":13171,"section_number":"3.2-6548","catch_line":"Private animal shelters; confinement and disposition of animals; affiliation with foster care providers; penalties; injunctive relief","url":"\/3.2-6548\/","token":"3.2\/V\/65\/6\/3.2-6548","metadata":false},{"id":86437,"structure_id":13171,"section_number":"3.2-6549","catch_line":"Releasing agencies other than public or private animal shelters; confinement and disposition of companion animals; recordkeeping; affiliation with foster care providers; penalties","url":"\/3.2-6549\/","token":"3.2\/V\/65\/6\/3.2-6549","metadata":false},{"id":85287,"structure_id":13171,"section_number":"3.2-6550","catch_line":"Requirements for foster homes; penalty","url":"\/3.2-6550\/","token":"3.2\/V\/65\/6\/3.2-6550","metadata":false},{"id":67608,"structure_id":13171,"section_number":"3.2-6551","catch_line":"Notification by individuals finding companion animals; penalty","url":"\/3.2-6551\/","token":"3.2\/V\/65\/6\/3.2-6551","metadata":false},{"id":76046,"structure_id":13171,"section_number":"3.2-6552","catch_line":"Dogs killing, injuring, or chasing livestock or poultry","url":"\/3.2-6552\/","token":"3.2\/V\/65\/6\/3.2-6552","metadata":false},{"id":74206,"structure_id":13171,"section_number":"3.2-6553","catch_line":"Compensation for livestock and poultry killed by dogs","url":"\/3.2-6553\/","token":"3.2\/V\/65\/6\/3.2-6553","metadata":false},{"id":68901,"structure_id":13171,"section_number":"3.2-6554","catch_line":"Disposal of dead companion animals","url":"\/3.2-6554\/","token":"3.2\/V\/65\/6\/3.2-6554","metadata":false}],"previous_section":{"id":54186,"structure_id":13171,"section_number":"3.2-6540.04","catch_line":"Subsequent attack or bite by dangerous dog; penalty","url":"\/3.2-6540.04\/","token":"3.2\/V\/65\/6\/3.2-6540.04","metadata":false},"next_section":{"id":64609,"structure_id":13171,"section_number":"3.2-6541","catch_line":"Authority to prohibit training of attack dogs","url":"\/3.2-6541\/","token":"3.2\/V\/65\/6\/3.2-6541","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/3.2-6540.1\/","history_text":"

This law was first created in 2013. The record of its establishment is cataloged in chapters 58<\/a> and 732<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2022, chapter 614<\/a>.<\/p>","references":[{"id":72218,"section_number":"3.2-6570","catch_line":"Cruelty to animals; penalty","order_by":null,"url":"\/3.2-6570\/"}],"refers_to":[{"id":60834,"section_number":"19.2-260","catch_line":"Provisions of Title 8.01 apply except as provided in this article","order_by":null,"url":"\/19.2-260\/"},{"id":86859,"section_number":"3.2-6562","catch_line":"Capturing, confining, and euthanizing companion animals by animal control officers; approval of drugs used","order_by":null,"url":"\/3.2-6562\/"}],"permalink":{"id":198845,"object_type":"law","relational_id":82525,"identifier":"3.2-6540.1","token":"3.2\/V\/65\/6\/3.2-6540.1","url":"\/3.2-6540.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/3.2-6540.1\/","token":"3.2\/V\/65\/6\/3.2-6540.1","dublin_core":{"Title":"Vicious dogs; penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 3.2-6540.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Serious injury<\/span>” means an injury having a reasonable potential to cause death or any injury other than a sprain or strain, including serious disfigurement, serious impairment of health, or serious impairment of bodily function and requiring significant medical attention.\n\t\t\t“Vicious dog<\/span>” means a canine or canine crossbreed that has (i) killed a person, (ii) inflicted serious injury<\/span> to a person, or (iii) continued to exhibit the behavior that resulted in a previous finding<\/span> by a court<\/span> or, on or before July 1, 2006, by an animal control officer<\/span> as authorized by ordinance<\/span> that it is a dangerous dog, provided that its owner<\/span> has been given notice of that finding<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any law<\/span>-enforcement officer<\/span> or animal control officer<\/span> who (i) has reason to believe that a canine or canine crossbreed is a vicious dog<\/span> and (ii) is located in the jurisdiction<\/span> where the vicious dog<\/span> resides or in the jurisdiction<\/span> where a vicious dog<\/span> committed an act set forth in the definition shall apply to a magistrate<\/span> serving the jurisdiction<\/span> for the issuance of a summons<\/span> requiring the owner<\/span> or custodian, if known, to appear before a general district court<\/span> at a specified time. The summons<\/span> shall advise the owner<\/span> of the nature of the proceeding and the matters at issue<\/span>. If a law<\/span>-enforcement officer<\/span> successfully makes an application for the issuance of a summons<\/span>, he shall contact the local animal control officer<\/span> and inform him of the location of the dog and the relevant facts<\/span> pertaining to his belief that the dog is vicious. The animal control officer<\/span> shall confine the animal until such time as evidence<\/span> shall be heard and a verdict<\/span> rendered. Unless good cause is determined by the court<\/span>, the evidentiary hearing<\/span> shall be held not more than 30 days from the issuance of the summons<\/span>. The court<\/span>, through its contempt<\/span> powers, may compel the owner<\/span>, custodian, or harborer of the animal to produce the animal. If, after hearing<\/span> the evidence<\/span>, the court<\/span> finds that the animal is a vicious dog<\/span>, the court<\/span> shall order<\/span> the animal euthanized in accordance with the provisions of § 3.2-6562<\/a>. The court<\/span>, upon finding<\/span> the animal to be a vicious dog<\/span>, may order<\/span> the owner<\/span>, custodian, or harborer thereof to pay restitution<\/span> for actual damages<\/span> to any person injured by the animal or to the estate of any person killed by the animal. The court<\/span>, in its discretion, may also order<\/span> the owner<\/span> to pay all reasonable expenses incurred in caring and providing for such vicious dog<\/span> from the time the animal is taken into custody<\/span> until such time as the animal is disposed of. The procedure for appeal<\/span> and trial<\/span> shall be the same as provided by law<\/span> for misdemeanors<\/span>, except that unless good cause is determined by the court<\/span>, an appeal<\/span> shall be heard within 30 days. Trial<\/span> by jury<\/span> shall be as provided in Article 4 (§ 19.2-260<\/a> et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required to prove its case beyond a reasonable doubt<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No canine or canine crossbreed shall be found to be a vicious dog<\/span> solely because it is a particular breed, nor is the ownership of a particular breed of canine or canine crossbreed prohibited. No animal shall be found to be a vicious dog<\/span> if the threat, injury, or damage was sustained by a person who was (i) committing, at the time, a crime<\/span> upon the premises occupied by the animal’s owner<\/span> or custodian; (ii) committing, at the time, a willful trespass upon the premises occupied by the animal’s owner<\/span> or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a vicious dog<\/span>. No animal that, at the time of the acts complained of, was responding to pain or injury or was protecting itself, its kennel<\/span>, its offspring, a person, or its owner<\/span>’s or custodian’s property, shall be found to be a vicious dog<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any owner<\/span> or custodian of a canine or canine crossbreed or other animal whose willful act or omission in the care<\/span>, control, or containment of a canine, canine crossbreed, or other animal is so gross, wanton, and culpable as to show a reckless disregard for human life and is the proximate cause of such dog or other animal attacking and causing serious injury<\/span> to any person is guilty of a Class 6 felony<\/span>. The provisions of this subsection shall not apply to any animal that, at the time of the acts complained of, was responding to pain or injury or was protecting itself, its kennel<\/span>, its offspring, a person, or its owner<\/span>’s or custodian’s property, or when the animal is a police dog that is engaged in the performance of its duties at the time of the attack. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The governing body of any locality may enact an ordinance<\/span> parallel to this statute<\/span> regulating vicious dogs<\/span>. No locality may impose a felony<\/span> penalty<\/span> for violation of such ordinances<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVICIOUS DOGS; PENALTIES (\u00a7 3.2-6540.1)\n\nA. As used in this section:\n\t\t\t“Serious injury” means an injury having a reasonable potential to\ncause death or any injury other than a sprain or strain, including serious\ndisfigurement, serious impairment of health, or serious impairment of bodily\nfunction and requiring significant medical attention.\n\t\t\t“Vicious dog” means a canine or canine crossbreed that has (i)\nkilled a person, (ii) inflicted serious injury to a person, or (iii) continued\nto exhibit the behavior that resulted in a previous finding by a court or, on or\nbefore July 1, 2006, by an animal control officer as authorized by ordinance\nthat it is a dangerous dog, provided that its owner has been given notice of\nthat finding.\n\nB. Any law-enforcement officer or animal control officer who (i) has reason to\nbelieve that a canine or canine crossbreed is a vicious dog and (ii) is located\nin the jurisdiction where the vicious dog resides or in the jurisdiction where a\nvicious dog committed an act set forth in the definition shall apply to a\nmagistrate serving the jurisdiction for the issuance of a summons requiring the\nowner or custodian, if known, to appear before a general district court at a\nspecified time. The summons shall advise the owner of the nature of the\nproceeding and the matters at issue. If a law-enforcement officer successfully\nmakes an application for the issuance of a summons, he shall contact the local\nanimal control officer and inform him of the location of the dog and the\nrelevant facts pertaining to his belief that the dog is vicious. The animal\ncontrol officer shall confine the animal until such time as evidence shall be\nheard and a verdict rendered. Unless good cause is determined by the court, the\nevidentiary hearing shall be held not more than 30 days from the issuance of the\nsummons. The court, through its contempt powers, may compel the owner,\ncustodian, or harborer of the animal to produce the animal. If, after hearing\nthe evidence, the court finds that the animal is a vicious dog, the court shall\norder the animal euthanized in accordance with the provisions of §\n3.2-6562. The court, upon finding the animal to be a vicious dog, may order the\nowner, custodian, or harborer thereof to pay restitution for actual damages to\nany person injured by the animal or to the estate of any person killed by the\nanimal. The court, in its discretion, may also order the owner to pay all\nreasonable expenses incurred in caring and providing for such vicious dog from\nthe time the animal is taken into custody until such time as the animal is\ndisposed of. The procedure for appeal and trial shall be the same as provided by\nlaw for misdemeanors, except that unless good cause is determined by the court,\nan appeal shall be heard within 30 days. Trial by jury shall be as provided in\nArticle 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2. The\nCommonwealth shall be required to prove its case beyond a reasonable doubt.\n\nC. No canine or canine crossbreed shall be found to be a vicious dog solely\nbecause it is a particular breed, nor is the ownership of a particular breed of\ncanine or canine crossbreed prohibited. No animal shall be found to be a vicious\ndog if the threat, injury, or damage was sustained by a person who was (i)\ncommitting, at the time, a crime upon the premises occupied by the\nanimal’s owner or custodian; (ii) committing, at the time, a willful\ntrespass upon the premises occupied by the animal’s owner or custodian; or\n(iii) provoking, tormenting, or physically abusing the animal, or can be shown\nto have repeatedly provoked, tormented, abused, or assaulted the animal at other\ntimes. No police dog that was engaged in the performance of its duties as such\nat the time of the acts complained of shall be found to be a vicious dog. No\nanimal that, at the time of the acts complained of, was responding to pain or\ninjury or was protecting itself, its kennel, its offspring, a person, or its\nowner’s or custodian’s property, shall be found to be a vicious dog.\n\nD. Any owner or custodian of a canine or canine crossbreed or other animal whose\nwillful act or omission in the care, control, or containment of a canine, canine\ncrossbreed, or other animal is so gross, wanton, and culpable as to show a\nreckless disregard for human life and is the proximate cause of such dog or\nother animal attacking and causing serious injury to any person is guilty of a\nClass 6 felony. The provisions of this subsection shall not apply to any animal\nthat, at the time of the acts complained of, was responding to pain or injury or\nwas protecting itself, its kennel, its offspring, a person, or its owner’s\nor custodian’s property, or when the animal is a police dog that is\nengaged in the performance of its duties at the time of the attack.\n\nE. The governing body of any locality may enact an ordinance parallel to this\nstatute regulating vicious dogs. No locality may impose a felony penalty for\nviolation of such ordinances.\n\nHISTORY: 2013, cc. 58, 732; 2022, c. 614.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}