Va. Model Jury Instr. Crim. No. 36.500

The defendant is charged with the crime of unauthorized use. The Commonwealth must prove

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

(1) That the defendant [took; drove; used] (describe vehicle; animal; aircraft; boat; vessel); and

[(1) That the defendant [assisted; was a party or accessory; was an accomplice] in the [taking; driving;

using] of (describe vehicle; animal; aircraft; boat; vessel); and]

(2) That it belonged to (name of person); and

(3) That the owner was not present and did not consent to the [taking; driving; using]; and

(4) That the intent of the defendant was to keep the property temporarily from its owner; and

(5) That the value of the property 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 the

felony of unauthorized use [but you shall not fix the punishment until your verdict has been

returned and further evidence has been heard by you].

If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt

each of the first four elements of the crime as charged, but has not proved beyond a reasonable

doubt that the value of such property was $1000 or more, and if you find beyond a reasonable

doubt that such property was of some value (there need be no proof of minimum or specific value),

then you shall find the defendant guilty of the misdemeanor of unauthorized use [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 of the

first three elements of the crime or failed to prove such property was of some value, then you shall

find the defendant not guilty.