imported post
paramedic70002 wrote:
§ 3.1-796.122, Section H. Any person who (i) tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation or cruelly and unnecessarily beats, maims or mutilates any dog or cat that is a companion animal whether belonging to him or another and (ii) as a direct result causes the death of such dog or cat that is a companion animal, or the euthanasia of such animal on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, shall be guilty of a Class 6 felony. If a dog or cat is attacked on its owner's property by a dog so as to cause injury or death, the owner of the injured dog or cat may use all reasonable and necessary force against the dog at the time of the attack to protect his dog or cat. Such owner may be presumed to have taken necessary and appropriate action to defend his dog or cat and shall therefore be presumed not to have violated this subsection. [emphasis added] The provisions of this subsection shall not overrule § 3.1-796.93:1 or § 3.1-796.116.
BTW, we have not even discussed the "discharge of a firearm within xx feet of a dwelling" and "discharge of a firearm within city limits" laws.
stay safe.
skidmark
paramedic70002 wrote:
I need to qualify my comment about there being no exception -- it was based on the OP's scenario of walking his dog away from his (the OP's) property. There is an exception if the attack takes place on your own property. Off your own property the law is that you commit a misdemeanor if you shoot and wound/kill the attacking dog."Also read § 3.1-796.122. Cruelty to animals; penalty. regarding the criminal penalty for killing a dog. NO exception for being attacked by the animal."
My limited knowledge of these matters seems to bear this and the other info out, but dang it, it's just ridiculous that there is no self defense clause. Of course we all know that self defense is case law in VA, but I can see where this statutue really needs to be modified. Is it too late to take this to Richmond this year?
§ 3.1-796.122, Section H. Any person who (i) tortures, willfully inflicts inhumane injury or pain not connected with bona fide scientific or medical experimentation or cruelly and unnecessarily beats, maims or mutilates any dog or cat that is a companion animal whether belonging to him or another and (ii) as a direct result causes the death of such dog or cat that is a companion animal, or the euthanasia of such animal on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, shall be guilty of a Class 6 felony. If a dog or cat is attacked on its owner's property by a dog so as to cause injury or death, the owner of the injured dog or cat may use all reasonable and necessary force against the dog at the time of the attack to protect his dog or cat. Such owner may be presumed to have taken necessary and appropriate action to defend his dog or cat and shall therefore be presumed not to have violated this subsection. [emphasis added] The provisions of this subsection shall not overrule § 3.1-796.93:1 or § 3.1-796.116.
BTW, we have not even discussed the "discharge of a firearm within xx feet of a dwelling" and "discharge of a firearm within city limits" laws.
stay safe.
skidmark