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:
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.