Va. Model Jury Instr. Crim. No. 12.220

The defendant is charged with the crime of statutory burglary. The Commonwealth must prove

beyond a reasonable doubt each of the following elements of that crime:

(1) That the defendant [without permission]

[(a) in the nighttime entered without breaking];

[(i) a dwelling house or an adjoining, occupied outhouse; in any building permanently affixed to realty,

or any ship, vessel or rivercraft or any railroad car, or any automobile, truck or trailer, if such

automobile, truck or trailer is used as a dwelling or place of human habitation]; OR

[(b) in the daytime broke and entered;

(i) a dwelling house or an adjoining, occupied outhouse]; OR

[(c) in the daytime entered and concealed himself in;

(i) a dwelling house or an adjoining, occupied outhouse]; OR

[(d) at any time [breaks and enters; enters and conceals himself in];

(i) in any building permanently affixed to realty, or any ship, vessel or rivercraft or any railroad car, or

any automobile, truck or trailer, if such automobile, truck or trailer is used as a dwelling or place of

human habitation;] and

(2) That he did so with the intent to commit [larceny; (name of felony other than murder, rape,

robbery, or arson)]

If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt

each of the above elements of the crime, then you shall find the defendant guilty [but you shall not

fix the punishment until your verdict has been returned and further evidence has been heard by

you].

If you find that the Commonwealth has failed to prove beyond a reasonable doubt either or

both of the elements of the crime, then you shall find the defendant not guilty.