VA · jury_instructions
Va. Model Jury Instr. Crim. No. 39.100
Nonsupport of Spouse or Children
The defendant is charged with the crime of [desertion; nonsupport]. The Commonwealth must
prove beyond a reasonable doubt each of the following elements of that crime:
(1) That the defendant, without cause, [deserted; willfully neglected; refused or failed to provide for
the support and maintenance of] his or her spouse; child under the age of eighteen (18) years of age;
child who is crippled or otherwise incapacitated from earning a living]; and
(2) That the defendant’s [spouse; child; children] [is; are] in necessitous circumstances.
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
nonsupport [but you shall not fix 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
05e567b2d978ffb647dd8947a5d2fc5e31ee3a81d0e0a1be05066e7a30b62965
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