Va. Model Jury Instr. Crim. No. 26.260

The defendant is charged with the crime of felony defrauding the owner or keeper of a [hotel;

motel; campground; boarding house; restaurant; eating establishment]. The Commonwealth must prove

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

(1) That the defendant, without paying, and with intent to cheat or defraud the owner or

keeper, did stay at a [hotel; motel; campground boardinghouse]; obtained food from a

[restaurant; eating establishment]; gained entrance to an [amusement park].[OR](1) That

the defendant, with intent to cheat or defraud, and without having an express agreement

for credit did procure [food; entertainment; accommodation] from any [hotel; motel;

campground; boarding house; restaurant; eating establishment].[OR](1) That the defendant,

with intent to cheat or defraud the owner or keeper out of pay, did obtain credit at a

[hotel; motel; campground; boarding house; restaurant; eating establishment] for [food;

entertainment; accommodation] by means of any false show of baggage or effects brought

thereto.[OR](1) That the defendant, with intent to cheat or defraud, did obtain credit at

a [hotel; motel; campground; boardinghouse; restaurant; eating establishment; amusement

park] for [food; entertainment; accommodation] through any misrepresentation or false

statement.[OR](1) That the defendant, with intent to cheat or defraud, did [remove;

cause to be removed] any baggage or effects from a [hotel; motel; campground;

boardinghouse; restaurant; eating establishment] while there was a lien existing thereon for

the proper charges due from him for fare and board furnished.AND(2) The value of the

service, credit or benefit procured or obtained was $1000 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 as charged, then you shall find the defendant guilty of

felony defrauding, [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 proved beyond a reasonable doubt element (1) of the

elements of the crime, but has failed to prove beyond a reasonable doubt that the value of the

service, credit, or benefit procured or obtained is $1000 or more, you shall convict the defendant

of misdemeanor defrauding [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 element (1)

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