VA · jury_instructions
Va. Model Jury Instr. Crim. No. 41.500
Perjury—Differing Testimony by Defendant on Separate Occasions
The defendant is charged with the crime of perjury. The Commonwealth must prove beyond a
reasonable doubt each of the following elements of that crime:
(1) That the defendant knowingly testified under oath as to a material [matter; thing]; and
(2) That subsequently, under oath, the defendant knowingly gave differing testimony as to the
same material [matter; thing]; and
(3) That such differing testimony on one of the occasions was given with the intent to testify
falsely.
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
4a7c8f35aa3c1d8e49c6f39fe3955db9daa8dce2093a39a9e9069648f7f48724
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