3.2-6571 - Animal fighting; penalty.
§ 3.2-6571. Animal fighting; penalty.
A. No person shall knowingly:
1. Promote, prepare for, engage in, or be employed in, the fighting ofanimals for amusement, sport or gain;
2. Attend an exhibition of the fighting of animals;
3. Authorize or allow any person to undertake any act described in thissection on any premises under his charge or control; or
4. Aid or abet any such acts.
Except as provided in subsection B, any person who violates any provision ofthis subsection is guilty of a Class 1 misdemeanor.
B. Any person who violates any provision of subsection A in combination withone or more of the following is guilty of a Class 6 felony:
1. When a dog is one of the animals;
2. When any device or substance intended to enhance an animal's ability tofight or to inflict injury upon another animal is used, or possessed withintent to use it for such purpose;
3. When money or anything of value is wagered on the result of such fighting;
4. When money or anything of value is paid or received for the admission of aperson to a place for animal fighting;
5. When any animal is possessed, owned, trained, transported, or sold withthe intent that the animal engage in an exhibition of fighting with anotheranimal; or
6. When he permits or causes a minor to (i) attend an exhibition of thefighting of any animals or (ii) undertake or be involved in any act describedin this subsection.
C. 1. Any animal control officer, as defined in § 3.2-6500, shall confiscateany animal that he determines has been, is, or is intended to be used inanimal fighting and any equipment used in training such animal or used inanimal fighting.
2. Upon confiscation of an animal, the animal control officer shall petitionthe appropriate court for a hearing for a determination of whether the animalhas been, is, or is intended to be used in animal fighting. The hearing shallbe not more than 10 business days from the date of the confiscation of theanimal. If the court finds that the animal has not been used, is not used andis not intended to be used in animal fighting, it shall order the animalreleased to its owner. However, if the court finds probable cause to believethat the animal has been, is, or is intended to be used in animal fighting,the court shall order the animal forfeited to the locality unless the ownerposts bond in surety with the locality in an amount sufficient to compensatethe locality for its cost of caring for the animal for a period of ninemonths. He shall post additional bond for each successive nine-month perioduntil a final determination by the trial court on any criminal chargesbrought pursuant to subsections A or B.
3. Upon a final determination of guilt by the trial court on criminal chargesbrought pursuant to subsections A or B, the court shall order that the animalbe forfeited to the locality. Upon a final determination of not guilty by thetrial court on the underlying criminal charges, a confiscated animal shall bereturned to its owner and any bond shall be refunded to him.
D. Any person convicted of violating any provision of subsection A or B shallbe prohibited by the court from possession or ownership of companion animalsor cocks.
E. In addition to fines and costs, the court shall order any person who isconvicted of a violation of this section to pay all reasonable costs incurredin housing, caring for, or euthanizing any confiscated animal. If the courtfinds that the actual costs are reasonable, it may order payment of actualcosts.
F. The provisions of this section shall not apply to any law-enforcementofficer in the performance of his duties. This section shall not prohibit (i)authorized wildlife management activities or hunting, fishing, or trappingauthorized under any title of the Code of Virginia or regulations promulgatedthereto or (ii) farming activities authorized under Title 3.2 of the Code ofVirginia or regulations promulgated thereto.
(1985, c. 408, § 29-213.92:1; 1987, c. 488, § 3.1-796.124; 1998, c. 817;1999, c. 113; 2003, c. 857; 2008, cc. 543, 707, 860.)