VA · jury_instructions
Va. Model Jury Instr. Crim. No. 42.160
Escape—Furlough
The defendant is charged with the crime of escape from furlough. The Commonwealth must
prove beyond a reasonable doubt each of the following elements of that crime:
(1) That the defendant was a prisoner in (specify state correctional facility); and
(2) That the defendant was granted a furlough from the facility; and
(3) That the defendant [failed to return to the place designated within the prescribed time; failed to
remain within the limits of confinement] set by the furlough; and
(4) That the defendant’s failure to do so was willful.
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 as
charged [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 each of the first
three elements of the crime as charged, but if you find that the Commonwealth has failed to prove
beyond a reasonable doubt willful failure under element four, and if you further find that the
Commonwealth has proved beyond a reasonable doubt that the defendant’s failure was without
authority or just cause, you shall find the defendant guilty of misdemeanor escape from furlough
[and you shall fix the defendant’s punishment at:
(1) Confinement in jail for a specific time, but not more than six (6) months; or
(2) A fine of a specific amount, but not more than $1,000; or
(3) Confinement in jail for a specific time, but not more than six (6) months, and a fine of a specific
amount, but not more than $1,000].
If you find that the Commonwealth has failed to prove beyond a reasonable doubt any one or
more of the first three elements above, or, having proved beyond a reasonable doubt each of the
first three elements, has failed to prove beyond a reasonable doubt that the defendant’s failure
was either willful under element four or was without just cause or authority, 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
932dd74e82e7422d948e912697dca267d12da482f09b18d851684c15cbdb8dea
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