Va. Model Jury Instr. Crim. No. 33.100

The defendant is charged with the crime of aggravated murder. The Commonwealth must

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

(1) That the defendant killed [(name of person; names of persons)]; and

(2) That the [killing was; killings were] willful, deliberate and premeditated; and

(3) That the killing [occurred in the commission of [robbery; attempted robbery]; occurred in the

commission of abduction with the intent to extort money, or a pecuniary benefit, or with the intent to

defile the victim of such an abduction; was for hire; was committed while defendant was confined in a

[state; local] correctional facility; was committed while defendant was in the custody of an employee of

a [state; local] correctional facility; was of a person in the commission of, or subsequent to, [rape;

attempted rape; forcible sodomy; attempted forcible sodomy; object sexual penetration]; was of a law-enforcement officer and for the purpose of interfering with the performance of his official duties;

occurred in the [commission; attempted commission] of (specify violation of Va. Code Ann. § 18.2-248)

and for the purpose of furthering the [commission; attempted commission] of that violation; was pursuant

to the direction or order of one then engaged in a continuing criminal enterprise; was of a pregnant

woman by one who knew that the woman was pregnant and had the intent to cause the involuntary

termination of the pregnancy without a live birth; was of a person under the age of fourteen by a person

age twenty-one or older; was of more than one person as a part of the same act or transaction; was the

willful, deliberate and premeditated killing of more than one person within a three-year period; was in

the commission of or the attempted commission of an act of terrorism; was of a justice of the Supreme

Court, a judge of the Court of Appeals, a judge of a circuit court or district court, a retired judge sitting

by designation or under temporary recall, or a substitute judge appointed under Va. Code Ann. § 16.1-

69.9:1 when the killing was for the purpose of interfering with his official duties as a judge; was of a

witness in a criminal case after a subpoena had been issued for such witness by the court, the clerk, or

an attorney when the killing was for the purpose of interfering with the person’s duties in such case.]

[(3) That the killings occurred as a part of the same act or transaction.]

[(3) That the killings occurred within a three-year period.]

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 [and

shall not fix the punishment until your verdict has been returned and further evidence is 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 of aggravated

murder.