Animal Cruelty Laws by State

Va. Code Ann. § 61-8-19 (Cruelty to animals; penalties; exclusions)

See also W. Va. Code Ann. § 7-10-1 (Deputy sheriffs as humane officers); W. Va. Code Ann. § 7-10-2 (Duty of humane officers . . . )

WV animal statutes do not defined “animal.”

Basic standard of care is not well defined: “(i) Proper sustenance, including food or water; (ii) Shelter that protects from the elements of weather; or (iii) Medical treatment, necessary to sustain normal health and fitness or to end the suffering of any animal.” W. Va. Code Ann. § 61-8-19.

(a)(1) It is unlawful for any person to intentionally, knowingly or recklessly,(A) Mistreat an animal in cruel manner; (B) Abandon an animal; (C) Withhold; (i) Proper sustenance, including food or water; (ii) Shelter that protects from the elements of weather; or (iii) Medical treatment, necessary to sustain normal health and fitness or to end the suffering of any animal; (D) Abandon an animal to die; (E) Leave an animal unattended and confined in a motor vehicle when physical injury to or death of the animal is likely to result; (F) Ride an animal when it is physically unfit; (G) Bait or harass an animal for the purpose of making it perform for a person’s amusement; (H) Cruelly chain or tether an animal; or (I) Use, train or possess a domesticated animal for the purpose of seizing, detaining or maltreating any other domesticated animal.

W. Va. Code Ann. § 61-8-19.

Lawful acts of hunting, fishing, trapping or animal training or farm livestock, poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl or wildlife or game farm production and management, nor to humane use of animals or activities regulated under and in conformity with the provisions of 7 U.S.C. § 2131, et seq., and the regulations promulgated thereunder, as both statutes and regulations are in effect on the effective date of this section. W. Va. Code Ann. § 61-8-19.

Lawful acts of hunting, fishing, trapping or animal training or farm livestock, poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock, poultry, gaming fowl or wildlife or game farm production and management, nor to humane use of animals or activities regulated under and in conformity with the provisions of 7 U.S.C. § 2131, et seq., and the regulations promulgated thereunder, as both statutes and regulations are in effect on the effective date of this section. W. Va. Code Ann. § 61-8-19.