(a) See § 501.99 for general Code penalty if no specific penalty is provided.
(b) (1) Whoever violates § 505.01(a) shall be fined not less than $300 nor more than $2,000 or imprisoned not more than 30 days, or both, for a first offense. Any person convicted of a second or subsequent violation of § 505.01(a) shall be imprisoned for not more than 30 days or fined not less than $500 nor more than $3,000, or both. The incarceration set forth in this division (b)(1) shall be mandatory unless the provisions of division (b)(2) are complied with.
(2) A. Notwithstanding any provision of this Code to the contrary, no person who has been convicted of a violation of the provisions of § 505.01(a) may be granted probation until the defendant has undergone a complete psychiatric or psychological evaluation and the court has reviewed such evaluation. Unless the defendant is determined by the court to be indigent, he or she shall be responsible for the cost of said evaluation.
B. For any person convicted of a violation of division (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 shall be responsible for the cost of the program.
(3) In addition to any other penalty which can be imposed for a violation of § 505.01, 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 following entry of a conviction. A violation under this division (b)(3) is punishable by a fine not exceeding $2,000 and forfeiture of the animal.
(c) Whoever violates § 505.01(b) shall be fined not less than $500 nor more than $2,000.
(W. Va. Code 61-8-19)
(d) Whoever violates § 505.02 shall be fined not more than $1,000 or imprisoned not more than 30 days, or both. In addition, the Humane Officer may remove the dog or cat involved and place it in the pound and such dog or cat shall not be returned to the owner or perpetrator of the act of cruelty, but shall be put up for adoption to a desirable home or given into the care of a humane society, or upon the recommendation of a licensed veterinarian shall be humanely destroyed.