Except as otherwise provided for by law, if any person maliciously shoot, stab, wound or otherwise cause bodily injury to, or administer poison to or expose poison with intent that it be taken by, any horse, mule, pony, cattle, swine or other livestock of another, with intent to maim, disfigure, disable or kill the same, or if he do any of the foregoing acts to any animal of his own with intent to defraud any insurer thereof, he shall be guilty of a Class 5 felony. If any person do any of the foregoing acts to any fowl or to any companion animal with any of the aforesaid intents, he shall be guilty of a Class 1 misdemeanor, except that any second or subsequent offense shall be a Class 6 felony if the current offense or any previous offense resulted in the death of an animal or the euthanasia of an animal based on the recommendation of a licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, and such condition was a direct result of a violation of this section.
Code 1950, § 18.1-159; 1960, c. 358; 1964, c. 400; 1975, cc. 14, 15; 1977, c. 598; 1978, c. 559; 1999, c. 620.
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 1999–2022 · leading case:
Ford v. Commonwealth, 630 S.E.2d 332 (Va. Ct. App. 2006).
Ford v. Commonwealth, 630 S.E.2d 332 (Va. Ct. App. 2006).
· cites it 4× “of animal cruelty, Code § 18.2-144, and possession of a firearm after being convicted of a felony, Code § 18.”
Mitchem v. Counts, 523 S.E.2d 246 (Va. 2000).
· cites it 2× “KINSER, Justice, with whom Chief Justice CARRICO and Justice COMPTON join, dissenting in part and concurring in part. I dissent in part from the majority's decision because I conclude that the employee in this case has not stated a viable cause of action.”
Andrew Joseph Haefele v. Commonwealth of Virginia, 878 S.E.2d 422 (Va. Ct. App. 2022).
· cites it 35× “Haefele appeals from an order of the Circuit Court of Spotsylvania County convicting him 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.”
Washington v. Commonwealth, 616 S.E.2d 774 (Va. Ct. App. 2005).
“5:3 (sexual offenders); § 18.2-144 (maiming, killing or poisoning of animals); § 18.”
State v. Burgess, 516 S.E.2d 491 (W. Va. 1999).
· cites it 2× “§ 14-85 (1999) (punishable by up to 10 years imprisonment); Va.Code Ann. § 18.2-144 (Michie 1996) (punishable by maximum of 1-to-5 years imprisonment, and fine not exceeding $2,500).”
Donald Ray Compton, Jr. v. Commonwealth of Virginia, No. 0502212 (Va. Ct. App. Oct. 18, 2022).
· cites it 40× “” The trial judge convicted Compton of two counts of maliciously maiming the livestock of another (in violation of Code § 18.2-144), two counts of conspiring to maliciously maim the livestock of another, and one count of possession of a firearm by a convicted felon.”
Jerelyn Aymarie Sutter v. Commonwealth of Virginia, No. 0977172 (Va. Ct. App. Sept. 25, 2018).
· cites it 8× “-6- Appellant’s proposed Jury Instruction B suggested the addition of the following italicized language to the Commonwealth’s Instruction 10, which defined the element of malice under Code § 18.2-144: Malice is that state of mind which results in the intentional doing of a…”
Washington v. Com., 616 S.E.2d 774 (Va. Ct. App. 2005).
“5:3 (sexual offenders); § 18.2-144 (maiming, killing or poisoning of animals); § 18.”
Charles Paul Smith Jr v. Commonwealth, No. 0492012 (Va. Ct. App. July 23, 2002).
· cites it 2× “Specifically, Smith contends the General Assembly intended the shooting of another person's dog to be prosecuted under Code § 18.2-144, which makes it a crime to shoot a person's companion animal.”
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