Va. Model Jury Instr. Crim. No. 26.250

The defendant is charged with the crime of failure to perform a promise to [construct; remove;

repair; improve] in return for an advance of [money; merchandise; (name thing of value)]. The

Commonwealth must prove beyond a reasonable doubt each of the following elements of the

crime:

(1) That the defendant, with intent to defraud, obtained from another person an advance of

[money; merchandise; (name thing of value)] of the value of $1000 or more upon a promise to

perform [construction; removal; repair; improvement] of any [building; structure permanently annexed

to real property; other improvements to such real property]; and

(2) That the defendant failed or refused to perform such promise and failed to substantially make

good such advance; and

(3) That the defendant failed to return the advance within fifteen (15) days of a request to do so

sent by certified mail, return receipt requested, to [his last known address; the address listed in the

contract].

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 any one or

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