Virginia

Summary: This Virginia law states that, beginning July 1, 2022, no manufacturer shall sell or offer for sale within the Commonwealth any cosmetic, if the cosmetics manufacturer knows or reasonably should know that the cosmetic or any component thereof was developed or manufactured using cosmetic animal testing that was conducted on or after January 1, 2022. Limited exceptions exist. Any person who violates any provision of this chapter is subject to a civil penalty of $5,000 and an additional $1,000 for each day the violation continues. Such penalty shall be collected by the Attorney General and the proceeds shall be deposited into the Literary Fund.

Summary: Defendant Haefele was convicted of two counts of maliciously maiming the livestock of another, in violation of Code § 18.2-144, and two counts of conspiring to maliciously maim the livestock of another. The killing occurred in 2020. Defendant's neighbor possessed two goats on her property in Spotsylvania County and received several complaints. Ultimately, the code enforcement officer instructed the neighbor to remove the goats and even offered assistance in relocating them. However, about a month after this order, Defendant and two other men entered the neighbor's goat pen with the neighbor's permission and killed the goats with “what looked like a two-by-four with spikes wrapped around it." After investigation and review of video footage taken of the attack, Defendant and the two others were charged and convicted by bench trial in 2021. Testimony by an expert in veterinary pathology revealed that the animals suffered before they died. On appeal here, Defendant contends that he could not be convicted under Code § 18.2-144 “because the defendant [Haefele] was acting with the permission of, and in concert with, the owner of the animals in question.” The court disagreed, finding no language in the statute that limits the statute only to acts that were against the will of the owner. Defendant also claims he did not act with requisite malice because the “the owner of the goats had given him permission to act against the goats." Again, the court recounted the brutal and repeated acts against the goats that occurred over a ten-minute span. Thus, the evidence showed that Defendant acted with sufficiently demonstrated malice. While livestock owners can ask others to euthanize or properly slaughter their livestock, the manner in which Defendant caused the goats' deaths clearly demonstrated malicious intent. Thus, the trial court did not err in convicting Defendant under Code § 18.2-144 and the matter was affirmed and remanded.

Summary: This section of Virginia laws, enacted in 2021, makes it unlawful for any keeper to provide or offer to provide to any member of the public, for free or for a cost, direct contact with a dangerous captive animal. A “dangerous captive animal” means any bear, cougar, jaguar, leopard, lion, nonhuman primate, or tiger, or any hybrid of any such animal. “Dangerous captive animal” does not include a clouded leopard. Violation incurs a Class 3 misdemeanor and is subject to a fine of not more than $500.

Summary: This Virginia statute relates to mandated reporting of suspected child abuse or neglect. With respect to animal-related issues, subsection (A)(8) requires any law-enforcement officer or animal control officer to report suspected child abuse or neglect as outlined in the statute.

Summary: Brandon Scott Blankenship showed up at Wally Andrews’ home although Blankenship had previously been ordered not to come onto Andrews’ property. Blankenship stood outside on Andrews’ property and continued to curse at Andrews and threaten to kill him. Andrews called law enforcement and when they arrived, Blankenship continued his cursing and yelling at the officers. Every time the officers attempted to arrest Blankenship he would ball up his fists and take a fighting stance towards the officers. At some point the officers released a police K-9 named Titan after Blankenship took off running. Blankenship kicked and punched Titan until he backed off. Titan ended up with a digestive injury in which he would not eat and seemed lethargic. Blankenship was indicted for three counts of assault and battery on a law enforcement officer, one count of assault on a law enforcement animal, one count of assault and battery, one count of obstruction of justice, and one count of animal cruelty. The Court struck one count of assault and battery on a law enforcement officer, the count of assault on a law enforcement animal, and the count of obstruction to justice. Blankenship was convicted of the remaining four counts and he appealed assigning error to the sufficiency of the evidence used to convict him. The Court found that Blankenship’s overt acts demonstrated that he intended to place the law enforcement officers in fear of bodily harm which in turn caused the officers to actually and reasonably fear bodily harm. The totality of the circumstances supported Blankenship’s conviction of assault and battery on both the law enforcement officers and Andrews. As for the animal cruelty conviction, the Court found that there was sufficient evidence from which the circuit court could find that Blankenship voluntarily acted with a consciousness that inhumane injury or pain would result from punching and kicking Titan. Blankenship had no right to resist the lawful arrest and his actions against Titan were not necessary, therefore, there was sufficient evidence to support Blankenship’s conviction for animal cruelty. The Court ultimately affirmed and remanded the case.

Summary: This 2018 law states that no funds appropriated, granted, or awarded by the Commonwealth shall be used by any person or entity, public or private, to directly fund medically unnecessary research classified under pain and distress category E by the U.S. Department of Agriculture on animal subjects. “Medically unnecessary” means not carried out solely for the better health, welfare, or safety of the animal subject.

Summary: This Virginia regulation states that dogs may be allowed in outdoor dining areas if: (1) the outdoor dining area is not enclosed with floor-to-ceiling walls; (2) there is a separate entrance; (3) there is a sign at the main entrance stating that dogs are allowed in the outdoor dining area that is easily observable by the public; (3) food and water provided to dogs is served using equipment not used for human food service or is put in single-use receptacles; (4) dogs are not allowed to sit on chairs, benches, seats, or tables; (5) dogs are kept on a leash or within a pet carrier and under the control of adults at all times; (6) the establishment provides a means for picking up dog messes; and (7) there is a sign outlining some of these requirements observable to the public.

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.