Va. Model Jury Instr. Crim. No. 23.100

The defendant is charged with the crime of embezzlement. The Commonwealth must prove

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

(1) That the defendant wrongfully and fraudulently [converted to his own use; converted to the use of

another; used; disposed of; concealed] (describe property) with the intent to permanently deprive the

rightful owner of the use thereof; and

(2) That the property was [received by the defendant [for another; for his employer; for his principal;

for his bailor; by virtue of his [office; trust; employment]]; entrusted or delivered to the defendant by

[another; a court; a corporation; a company]]; and

(3) That the value of 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 of felony

embezzlement [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 but has not proved beyond a reasonable doubt that the

value of the property was $1,000 or more, and if you find beyond a reasonable doubt that the

property was of some value (there need be no proof of a minimum or specific value), then you shall

find the defendant guilty of misdemeanor embezzlement [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 that the Commonwealth has failed to prove beyond

a reasonable doubt that the property was of some value, then you shall find the defendant not

guilty.