Va. Model Jury Instr. Crim. No. 22.650

The defendant is charged with the crime of [distributing; manufacturing; possessing with intent to

distribute] [marijuana; (name of controlled substance); (name of imitation controlled substance)] [on

school property; on licensed child day center property; within 1000 feet of school property; within 1000

feet of licensed child day center property; on a school bus; at a school bus stop; within 1000 feet of a

bus stop during the time when school children are waiting to be picked up or are being dropped off;

upon property of a recreation or community center; upon property of a public library; upon property of a

state facility or within 1000 feet of such institution]. The Commonwealth must prove beyond a

reasonable doubt each of the following elements of that crime:

(1) That the defendant [distributed; manufactured; possessed with intent to distribute] [marijuana;

(name of controlled substance); (name of imitation controlled substance)]; and

(2) That the [distribution; manufacture; possession with intent to distribute] was upon [property of a

school; property of a licensed child day center; [public property; property open to public use] within

1000 feet of a [school; licensed child day center]; a school bus; a designated school bus stop; [public

property; property open to public use] within 1000 feet of the bus stop when children are [waiting to be

picked up and transported; being dropped off] from school or school sponsored activity; the property of

any [public library; publicly owned or operated recreation or community center]; property of a state

facility; [public property; property open to public use] within 1000 feet of a state facility.]

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 [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 elements of the crime, then you shall find the defendant not guilty.