Clarifying the disposition of animal subject to animal cruelty treatment.

HB 4725 Text

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WEST VIRGINIA LEGISLATURE
2026
REGULAR SESSION
ENGROSSED
House Bill 4725
By Delegates Akers, Martin, Ferrell, Funkhouser, and Kimble
[Introduced January 22, 2026; referred to the Committee on the Judiciary]

A Bill to amend and reenact §61-8-19 of the Code of West Virginia, 1931, as amended, relating to cruelty to animals; creating the felony offense of committing a sexual act with an animal; creating definitions for the offense of committing a sexual act with an animal; clarifying the disposition of an animal following a dismissal of criminal charges; authorizing the court to make certain findings in ordering disposition based upon the protection of the animal; clarifying the length a time persons convicted of offenses may be subject to prohibitions on possessing animals; creating penalties; and creating civil and criminal penalties.
Be it enacted by the Legislature of West Virginia:

ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.

§61-8-19. Cruelty to animals; penalties; exclusions.

(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.
(2) Any person in violation of subdivision (1) of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $300 nor more than $2,000 or confined in jail not more than six months, or both.
(b)
(1)
A person who intentionally tortures, or mutilates or maliciously kills an animal, or causes, procures or authorizes any other person to torture, mutilate or maliciously kill an animal, is guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility not less than one nor more than five years and be fined not less than $1,000 nor more than $5,000. For the purposes of this subsection, "torture" means an action taken for the primary purpose of inflicting pain.
(2) A person who commits a sexual act with an animal is guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility not less than one nor more than five years and be fined not less than $1,000 nor more than $5,000. For purposes of this subdivision, “sexual act with an animal” means any act between a person and an animal involving direct physical contact between the genitals of one and the mouth or anus of the other, or direct physical contact between the genitals of one and the genitals of the other:
Provided
, That a sexual act with an animal may be proved without evidence of penetration.
(c) A person, other than a licensed veterinarian or a person acting under the direction or with the approval of a licensed veterinarian, who knowingly and willfully administers or causes to be administered to any animal participating in any contest any controlled substance or any other drug for the purpose of altering or otherwise affecting said animal's performance is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $2,000.
(d) Any person convicted of a violation of this section forfeits his or her interest in any animal and all interest in the animal vests in the humane society or county pound of the county in which the conviction was rendered and the person is, in addition to any fine imposed, liable for any costs incurred or to be incurred by the humane society or county pound as a result.
Upon dismissal of a charge alleging a violation of this section, the court may order the animal be returned to the owner or custodian upon such terms and conditions as the court deems necessary to protect the animal. If return of the animal is not practicable, the court may order the animal given to an appropriate place of custody, order the animal euthanized if the court decides that the best interests of the animal or that the public health and safety would be best served by euthanizing the animal based on the sworn testimony of a licensed veterinarian or animal control officer, or make any other disposition the court deems appropriate.

(e) For the purpose of this section, the term "controlled substance" has the same meaning ascribed to it by
subsection (d), section one hundred one, article one, chapter sixty-a

§60A-1-101
of this code.
(f) The provisions of this section do not apply to 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.
(g) Notwithstanding the provisions of subsection (a) of this section, any person convicted of a second or subsequent violation of subsection (a) is guilty of a misdemeanor and, shall be confined in jail for a period of not less than ninety days nor more than one year, fined not less than $500 nor more than $3,000, or both. The incarceration set forth in this subsection is mandatory unless the provisions of subsection (h) of this section are complied with.
(h)(1) Notwithstanding any provision of this code to the contrary, no person who has been convicted of a violation of the provisions of subsection (a) or (b) of this section may be granted probation until the defendant has undergone a complete psychiatric or psychological evaluation and the court has reviewed the evaluation. Unless the defendant is determined by the court to be indigent, he or she is responsible for the cost of the evaluation.
(2) For any person convicted of a violation of subsection (a) or (b) of this section, the court may, in addition to the penalties provided in this section, impose a requirement that he or she complete a program of anger management intervention for perpetrators of animal cruelty. Unless the defendant is determined by the court to be indigent, he or she is responsible for the cost of the program.
(i) In addition to any other penalty which can be imposed for a violation of this section, a court shall prohibit any person so convicted from possessing, owning or residing with any animal or type of animal for a period of five years
to life in the discretion of the court
following entry of a misdemeanor conviction and fifteen years
to life in the discretion of the court
following entry of a felony conviction. A violation under this subsection is a misdemeanor punishable by a fine not exceeding $2,000 and forfeiture of the animal.”

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