Va. Model Jury Instr. Crim. No. 36.300

If you believe from the evidence that (describe personal property) belonging to (name of person)

was taken and carried away, that the taking was against the will and without the consent of the

owner, and that the taking was with the intent to steal, then proof of the exclusive possession by

the defendant of the recently stolen (describe property) is a circumstance from which you may

reasonably infer that the defendant was the thief, unless, from all the evidence, you have a

reasonable doubt as to whether the defendant was the thief.

You may not find from the possession of recently stolen goods alone that the defendant is guilty

of larceny.

The term “recently” is a relative term. Drawing an inference of guilt from unexplained

possession becomes less reasonable as more time elapses from the time of theft.

“Exclusive possession” must be actual knowing possession.

[“Exclusive possession” may be joint with another or others but it must be under circumstances

which cause you to believe that the defendant has knowing joint possession. It is not shown when the

property is found on premises owned or occupied by others as well as the defendant, or in a place

where others had equal opportunity or right of access, unless there is a further showing of actual

knowing possession.]