Va. Model Jury Instr. Crim. No. 44.160

The defendant is charged with the crime of carnal knowledge of a(n) [person detained or

arrested by a law-enforcement officer; inmate; parolee; probationer; juvenile detainee; pretrial

defendant; posttrial offender]. The Commonwealth must prove beyond a reasonable doubt each of

the following elements of that crime:

(1) That the defendant engaged in [sexual intercourse; cunnilingus; fellatio; anilingus; anal

intercourse; animate object sexual penetration; inanimate object sexual penetration] with (name of

person) while (name of person) was a(n) [person detained or arrested by a law-enforcement officer;

inmate; parolee; probationer; juvenile detainee; pretrial defendant; posttrial offender] [committed to jail;

convicted and sentenced to confinement in a state, a local or regional correctional facility or jail; under

the jurisdiction of the Department of Corrections; under the jurisdiction of the Department of Juvenile

Justice; under the jurisdiction of a secure facility or detention home; under the jurisdiction of a state or

local court services unit; under the jurisdiction of a local community-based probation services agency;

under the jurisdiction of a pretrial services agency]; and

(2) That the defendant was, at the time he engaged in such [sexual intercourse; cunnilingus; fellatio;

anilingus; anal intercourse; animate object sexual penetration; inanimate object sexual penetration], a(n)

[law-enforcement officer of; employee of; contractual employee of; volunteer with] a [state correctional

facility; local correctional facility; the regional jail; the Department of Corrections; the Department of

Juvenile Justice; a secure facility or detention home; a state or local court services unit; a local

community-based probation program; a pretrial services agency]; and

(3) That the defendant was, at the time he engaged in such [sexual intercourse; cunnilingus; fellatio;

anilingus; anal intercourse; animate object sexual penetration; inanimate object sexual penetration], in a

position of authority over (name of person); and

(4) That the defendant knew that (name of person) was under the jurisdiction of a [state

correctional facility; local correctional facility; regional jail; the Department of Corrections; the

Department of Juvenile Justice; a secure facility or detention home; a state or local court services unit; a

local community-based probation program; pretrial services program].

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.