Va. Model Jury Instr. Crim. No. 37.150

The defendant is charged with the crime of strangulation of another. The Commonwealth must

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

(1) That the defendant, without consent, applied pressure to the neck of (name of person); and

(2) That such pressure to the neck impeded the blood circulation or respiration of (name of person);

and

(3) That such pressure to the neck resulted in the wounding or bodily injury of (name of person);

and

(4) That the act was done knowingly, intentionally, and unlawfully.

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

strangulation of another [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 strangulation

of another, but you do find beyond a reasonable doubt:

(1) That the defendant willfully touched (name of person); and

(2) That the touching was done without legal excuse or justification; and

(3) That the touching was done in an angry, rude, insulting, or vengeful manner; then you shall find

the defendant guilty of assault and battery [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 either of the

above crimes, then you shall find the defendant not guilty.