VA · jury_instructions
Va. Model Jury Instr. Crim. No. 38.400
Adult Participating in Criminal Act as a Member of or Participant in a Criminal Street Gang—Gang Includes Juvenile
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 which includes a juvenile member or
participant. The Commonwealth must prove beyond a reasonable doubt each of the following
elements of that crime:
(1) That the defendant [actively participated in; was 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; and
(4) The defendant was 18 years of age or older at the time the (name of predicate criminal act) was
committed; and
(5) The defendant [knew; had reason to know] that such criminal street gang included a participant
or member who was younger than 18 years of age.
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, [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 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
1f1b67637b71eb38b71ff2c1f55f2f9d74335188e539ebe592d0a6c48fdc7c42
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