VA · jury_instructions
Va. Model Jury Instr. Crim. No. 13.100
Computer Fraud—General
The defendant is charged with the crime of computer fraud. The Commonwealth must prove
beyond a reasonable doubt each of the following elements of that crime:
(1) That the defendant [used a (computer; computer network) when the defendant knew or reasonably
should have known that the defendant had no right, agreement, or permission to use the (computer;
computer network), or that the defendant acted in a manner knowingly exceeding such right, agreement,
or permission]; and
(2) That the defendant used the [computer; computer network] [to obtain property or services by false
pretenses; to embezzle; to commit larceny; to convert the property of another]; and
(3) That the value of the property or services obtained was $1,000 or more.
If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt
each of the above elements of the crime as charged, then you shall find the defendant guilty of the
crime of computer fraud, [but you shall not fix the punishment until your verdict has been returned
and further evidence has been heard by you].
If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt
each of the first two elements of the crime as charged, but has not proved beyond a reasonable
doubt that the value of the property or services obtained by computer fraud was $1,000 or more,
then if you find beyond a reasonable doubt that the property or services obtained by the computer
fraud was of some value (there need be no proof of a minimum or specific value), you shall find the
defendant guilty of the misdemeanor of computer fraud [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 first two elements of the crime or has failed to prove beyond a reasonable doubt that
the property or services obtained was of some value, 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
44f5e1c3c0ff54667e577b976eb1effd44692673a48ac19fef297fb3afbd5665
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