Va. Model Jury Instr. Crim. No. 22.277

The defendant is charged with the crime of [manufacturing; attempting to manufacture]

methamphetamine while a minor or incapacitated person is present. The Commonwealth must

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

1. That the defendant [manufactured; attempted to manufacture] methamphetamine;

2. That (name of minor) was present in the same [dwelling; apartment; unit of a hotel; garage; shed;

vehicle; (describe other location)] during the [manufacture; attempted manufacture] of

methamphetamine;

3. That during the [manufacture; attempted manufacture] (name of minor) was [a minor under the age of

15; a minor 15 years of age or older with whom the defendant maintained a custodial relationship; a

mentally incapacitated or physically helpless person of any age]; and

4. That the defendant, during the [manufacture; attempted manufacture] was at least 18 years of age.

If you find from the evidence that the Commonwealth has proved each of the elements of the

crime set out above beyond a reasonable doubt, then you shall find the defendant guilty [but you

shall not fix the punishment until your verdict has been returned and further evidence is heard by you].

If you find that the Commonwealth has failed to prove one or more of these elements beyond a

reasonable doubt, then you shall find the defendant not guilty.