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VA · jury_instructions

Va. Model Jury Instr. Crim. No. 18.200

Shooting/Throwing at Occupied Building

activein force · 2025-10-01 – presentcompiled-edition

The defendant is charged with the crime of [shooting at; throwing a missile at or against] an

occupied building. The Commonwealth must prove beyond a reasonable doubt each of the

following elements of that crime:

(1) That the defendant [shot at; threw a missile at or against] a building occupied by one or more

persons; and

(2) That the life or lives of such person or persons may have been put in peril; and

(3) That the act was done with malice.

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

maliciously [shooting at; throwing a missile at or against] an occupied building [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 that the act was done unlawfully, and

not maliciously, then you shall find the defendant guilty of unlawfully [shooting at; throwing a

missile at or against] an occupied building [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, 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
49832b6b67597632347d7334f5369c9b3224215b3a21a0b6d861e28a4f9a8043
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