Va. Model Jury Instr. Crim. No. 37.340

The defendant is charged with the crime of [assault; assault and battery] of a [judge; magistrate;

law-enforcement officer; applicable correctional personnel as defined in Va. Code Ann. § 53.1-1;

person employed by the Department of Corrections directly involved in the care, treatment, or

supervision of inmates in the custody of the Department or an employee of a local or regional

correctional facility directly involved in the care, treatment, or supervision of inmates in the custody of

the facility; person directly involved in the care, treatment, or supervision of persons in the custody of or

under the supervision of the Department of Juvenile Justice; employee or other individual who provides

control, care, or treatment of sexually violent predators committed to the custody of the Department of

Behavioral Health and Developmental Service; firefighter as defined in Va. Code Ann. § 65.2-102;

volunteer firefighter; emergency medical services personnel member who is employed by or is a

volunteer of an emergency medical services agency], engaged in the performance of his public duties.

The Commonwealth must prove beyond a reasonable doubt each of the following elements of that

crime:

(1) That the defendant committed an [assault; assault and battery] against (name of person); and

(2) That the defendant knew or had reason to know, when he committed the [assault; assault and

battery] that (name of person) was a [judge; law-enforcement officer; applicable correctional personnel

as defined in Va. Code Ann. § 53.1-1; person employed by the Department of Corrections directly

involved in the care, treatment, or supervision of inmates in the custody of the Department or an

employee of a local or regional correctional facility directly involved in the care, treatment, or

supervision of inmates in the custody of the facility; person directly involved in the care, treatment, or

supervision of persons in the custody of or under the supervision of the Department of Juvenile Justice;

employee or other individual who provides control, care, or treatment of sexually violent predators

committed to the custody of the Department of Behavioral Health and Developmental Service; firefighter

as defined in Va. Code Ann. § 65.2-102; volunteer firefighter; emergency medical services personnel

member who is employed by or is a volunteer of an emergency medical services agency]; and

(3) That (name of person) was engaged in the performance of his public duties as a [judge;

magistrate; law-enforcement officer; applicable correctional personnel as defined in Va. Code Ann. §

53.1-1; person employed by the Department of Corrections directly involved in the care, treatment, or

supervision of inmates in the custody of the Department or an employee of a local or regional

correctional facility directly involved in the care, treatment, or supervision of inmates in the custody of

the facility; person directly involved in the care, treatment, or supervision of persons in the custody of or

under the supervision of the Department of Juvenile Justice; employee or other individual who provides

control, care, or treatment of sexually violent predators committed to the custody of the Department of

Behavioral Health and Developmental Service; firefighter as defined in Va. Code Ann. § 65.2-102;

volunteer firefighter; emergency medical services personnel member who is employed by or is a

volunteer of an emergency medical services agency] at the time the defendant committed the

[assault; assault and battery].

If you find 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 [assault; assault and

battery] of a [judge; magistrate; law-enforcement officer; applicable correctional personnel as defined

in Va. Code Ann. § 53.1-1; person employed by the Department of Corrections directly involved in the

care, treatment, or supervision of inmates in the custody of the Department or an employee of a local or

regional correctional facility directly involved in the care, treatment, or supervision of inmates in the

custody of the facility; person directly involved in the care, treatment, or supervision of persons in the

custody of or under the supervision of the Department of Juvenile Justice; employee or other individual

who provides control, care, or treatment of sexually violent predators committed to the custody of the

Department of Behavioral Health and Developmental Service; firefighter as defined in Va. Code Ann. §

65.2-102; volunteer firefighter; emergency medical services personnel member who is employed by or

is a volunteer of an emergency medical services agency] [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 proved beyond a reasonable doubt the first element of

the crime as charged, but you find that the Commonwealth has failed to prove beyond a

reasonable doubt either or both of the remaining elements, you shall find the defendant guilty of

[assault; 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 the first

element of the crime, then you shall find the defendant not guilty.