§ 90.41 DETERMINATION; EXEMPTIONS.
   (A)   No canine or canine crossbreed shall be found to be a dangerous dog or vicious dog solely because it is a particular breed, nor shall the Governing Body prohibit the ownership of a particular breed of canine or canine crossbreed.
   (B)   No animal shall be found to be a dangerous dog or vicious dog if the threat, injury or damage was sustained by a person who was:
      (1)   Committing, at the time, a crime upon the premises occupied by the animal's owner or custodian;
      (2)   Committing, at the time, a willful trespass or other tort upon the premises occupied by the animal's owner or custodian; or
      (3)   Provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times.
   (C)   No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog or a vicious dog.
   (D)   No animal which, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, or its owner or owner's property, shall be found to be a dangerous dog or a vicious dog.
(VA Code § 3.1-796.93:1)