Combined case with Record No. 250174
Va.Jun 4, 2026Background
- Antle owned and operated a South Carolina zoo and repeatedly bought lion cubs from a Virginia zoo owner. 1
- The lion cub purchases at issue occurred in 2018 and 2019 after lions were listed as endangered and threatened species. 2
- Antle was indicted for two counts of purchasing lion cubs and two counts of conspiring to sell or purchase lion cubs. 3
- At trial, Antle argued Code § 29.1-564 does not criminalize purchasing endangered species and that the conspiracy counts relied partly on lawful purchase conduct. 4
- The circuit court denied Antle's motions, and the jury convicted him on the purchasing and conspiracy counts. 5
- The Court of Appeals reversed the purchasing convictions but affirmed the conspiracy convictions, and both sides appealed. 6
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Code § 29.1-564 criminalize purchasing lion cubs? 7 | Commonwealth: read §§ 29.1-564 and 29.1-567 together to prohibit buying. | Antle: § 29.1-564 omits purchase, so buying is not prohibited. | No; § 29.1-564 does not prohibit purchasing. 8 |
| May Antle be convicted on conspiracy indictments based partly on agreeing to purchase lion cubs? 9 | Commonwealth: conspiracy covered the lion-cub transactions. | Antle: conspiracy cannot rest on noncriminal purchase conduct. | No; the conspiracy convictions are reversed and dismissed. 10 |
Key Cases Cited
- Taylor v. Commonwealth, 298 Va. 336 (2020) (statutory interpretation is reviewed de novo 11)
- City of Hampton v. Williamson, 302 Va. 325 (2023) (courts seek legislative intent from the statute's text 12)
- Morgan v. Commonwealth, 301 Va. 476 (2022) (different statutory wording is presumed intentional 13)
- Jones v. Commonwealth, 296 Va. 412 (2018) (courts may not add requirements the legislature did not express 14)
- Robinson v. Commonwealth, 274 Va. 45 (2007) (penal statutes cannot be extended by implication 15)
- Wilder v. Commonwealth, 217 Va. 145 (1976) (conviction and indictment reversed where underlying conduct was not criminal 16)
- Falden v. Commonwealth, 167 Va. 542 (1937) (indictment dismissed where it failed to charge a criminal offense 17)
- Conyers v. Martial Arts World of Richmond, Inc., 273 Va. 96 (2007) (quoted on de novo review of statutory interpretation 18)
- Cuccinelli v. Rector & Visitors of the Univ. of Va., 283 Va. 420 (2012) (quoted on statutory text as the measure of legislative intent 19)
- Zinone v. Lee's Crossing Homeowners Ass'n, 282 Va. 330 (2011) (quoted on presuming intentional differences in statutory language 20)
- Commonwealth v. Amos, 287 Va. 301 (2014) (quoted for the rule against adding to statutory text 21)
- Johnson v. Commonwealth, 292 Va. 738 (2016) (quoted for faithful adherence to chosen statutory words 22)
- Sutherland v. Commonwealth, 109 Va. 834 (1909) (penal statutes are construed strictly against the state 23)
- McKay v. Commonwealth, 137 Va. 826 (1923) (penal statutes cannot be broadened beyond their text 24)