VA · jury_instructions
Va. Model Jury Instr. Crim. No. 3.500
Principal in the Second Degree, Accessory Before the Fact—Illustration
The defendant is charged with the crime of burglary. The Commonwealth must prove beyond a
reasonable doubt each of the following elements of that crime:
(1) That the dwelling house of another was broken into and entered without permission; and
(2) That the breaking and entering was done in the nighttime; and
(3) That it was done with the intent to commit [larceny; (name of crime)]; and
(4) That the defendant was [a principal in the second degree; an accessory before the fact].
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 above elements of the crime as charged, then you shall find the defendant not guilty.
History
Virginia Model Jury Instructions – Criminal, Release 26, October 2025. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.
Provenance
- Source
- vacourts.gov
- Retrieved
- 2026-10-11
- Edition
- crim-2025-10-01
- Content hash
2c90436bb83f011d175356637f5aab3ee32d3d4d8de615bdf7e3ec78261ccd75
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