VA · jury_instructions
Va. Model Jury Instr. Crim. No. 42.400
Contraband—Possession of Firearm or Firearm Ammunition by Prisoner
The defendant is charged with the crime of possessing [a firearm; ammunition for a firearm]. 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 correctional facility as defined in Va. Code Ann. §
53.1-1); in the custody of an employee of (specify correctional facility as defined in Va. Code Ann. §
53.1-1)]; and
(2) That the defendant had in his possession in such [institution; custody] [a firearm; ammunition for a
firearm].
If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt
each of the above elements of the crime, 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 either or
both 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
c031c9351a6f325ba39e15777cdfa9e3b4c285ddc41ca7e2a305953c946282bc
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