Va. Model Jury Instr. Crim. No. 42.170

The defendant is charged with the crime of failing to comply with the conditions of work

release. The Commonwealth must prove beyond a reasonable doubt each of the following elements

of that crime:

(1) That the defendant was a prisoner sentenced to confinement in a correctional facility; and

(2) That the defendant, without proper authority and without just cause, [left the area in which he

had been assigned to work; left the area in which he had been assigned to attend an educational or

community activity program; left the vehicle or route involved in his going to or coming from the place

to which he had been assigned for educational purposes or to work].

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

felony escape [but you shall not fix the punishment until your verdict has been returned and

further evidence has been heard by you].

However, 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, and you further find there

are mitigating circumstances or the culpability of the defendant is minimal, you shall find the

defendant guilty of misdemeanor escape [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 either of the

above crimes, then you shall find the defendant not guilty.