VA · jury_instructions
Va. Model Jury Instr. Crim. No. 38.300
Participating in Criminal Act as Member of or Participant in a Criminal Street Gang
The defendant is charged with participating in (name of predicate criminal act) [for the benefit of;
at the direction of; in association with] a criminal street gang. The Commonwealth must prove
beyond a reasonable doubt each of the following elements of that crime:
(1) That the defendant [actively participated in; was a member of] a criminal street gang; and
(2) That the defendant knowingly and willfully participated in (name of predicate criminal act); and
(3) That (name of predicate criminal act) was committed [for the benefit of; at the direction of; in
association with] a criminal street gang.
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
participating in (name of predicate criminal act) as a [active participant in; member of] a criminal
street gang, [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 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.
History
Virginia Model Jury Instructions – Criminal, Release 26, October 2025. The unannotated set, posted by the Supreme Court of Virginia at vacourts.gov; the book states that it is made available with the permission of the publisher, Matthew Bender & Company, Inc.
Provenance
- Source
- vacourts.gov
- Retrieved
- 2026-10-11
- Edition
- crim-2025-10-01
- Content hash
3929d5544c9ae38d9e61ef47cd18f67da87f70e8f3eea0b9e936335df1f7e95f
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