VA · jury_instructions
Va. Model Jury Instr. Crim. No. 17.100
Damage to Realty or Personalty (Felony)
The defendant is charged with the crime of intentionally damaging property. The
Commonwealth must prove beyond a reasonable doubt each of the following elements of that
crime:
(1) That the defendant intentionally [damaged; destroyed; defaced; removed without the intent to
steal; broke down] [property which was not his own; (type of monument, memorial, or tree described in
Va. Code Ann. § 18.2-137(A))]; and
(2) That the [value of; damage to] the property 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, 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 from the evidence that the Commonwealth has proved beyond a reasonable doubt
the first element of the crime as charged but has not proved [a value; damage] of $1,000 or more,
you shall find the defendant guilty of misdemeanor damaging property [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 failed to prove beyond a reasonable
doubt that the defendant intentionally damaged [destroyed; defaced; removed without the intent to
steal; broke down] [property which was not his own] [type of monument, memorial, or tree], but that
the Commonwealth has proved beyond a reasonable doubt that the defendant has unlawfully done
so, then you shall find the defendant guilty of unlawfully damaging property [and you shall fix his
punishment at a fine of a specific amount, but not more than $500].
If you find that the Commonwealth has failed to prove beyond a reasonable doubt that the
defendant either intentionally or unlawfully damaged the property, 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
d2761c7a060cec2c7de5e01c7481bc566d5ff75833d3201c31badb7c9a2605d2
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