VA · jury_instructions
Va. Model Jury Instr. Crim. No. 12.240
Statutory Burglary—Breaking and Entering Dwelling House With Intent to Commit Misdemeanor Other Than Trespass or Assault and Battery
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] broke and entered a dwelling house while it was
occupied; and
(2) That he did so with intent to commit (name of misdemeanor other than trespass or assault and
battery).
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 the 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.
History
Virginia Model Jury Instructions – Criminal, Release 26, October 2025. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.
Provenance
- Source
- vacourts.gov
- Retrieved
- 2026-10-11
- Edition
- crim-2025-10-01
- Content hash
745970508f5917fa66b41aa2926f4d95521964251c06c0845562f580e0286393
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