Va. Model Jury Instr. Crim. No. 27.500

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

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

(1) That the defendant, without the authorization or permission of (insert name of person or persons

who are the subject of the identifying information) [obtained, recorded, or accessed identifying

information of (insert name of person or persons who are the subject of the identifying information)

which was not available to the general public and which would assist in accessing financial resources,

obtaining identification documents, or obtaining benefits of (insert name of person or persons who are

the subject of the identifying information); obtained money, credit, loans, goods or services through the

use of identifying information of (insert name of person or persons who are the subject of the identifying

information); obtained identification documents in the name of (insert name of person or persons who

are the subject of the identifying information); or obtained, recorded, or accessed identifying information

of (insert name of person or persons who are the subject of the identifying information) while

impersonating a law-enforcement officer or an official of the government of the Commonwealth]; and

(2) That the defendant acted with the intent to defraud at the time he [obtained, recorded or

accessed such identifying information; obtained such money, credit, loans, goods or services through the

use of identifying information; obtained such identification documents; or obtained, recorded, or

accessed such identifying information while impersonating a law-enforcement officer or an official of

the government of the Commonwealth]; and

(3) That the defendant [obtained, recorded, or accessed such identifying information; obtained such

money, credit, loans, goods or services; obtained such identification documents; or obtained, recorded

or accessed such identifying information while impersonating a law-enforcement officer or an official of

the government of the Commonwealth] for his own use or the use of a third person; and

(4) That such identity theft resulted in financial loss of $1,000 or more.

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