VA · jury_instructions
Va. Model Jury Instr. Crim. No. 48.600(a)
Sexual Battery—Aggravated (Mental Incapacity/ Physical Helplessness)
The defendant is charged with the crime of aggravated sexual battery. The Commonwealth
must prove beyond a reasonable doubt each of the following elements of that crime:
(1) That the defendant sexually abused (name of person); and
(2) That the sexual abuse was accomplished through the use of (name of person)’s [mental
incapacity; physical helplessness]; and
(3) That at the time of the crime the defendant knew or should have known (name of person) was
[mentally incapacitated; physically helpless].
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
cc80b7d9a6ac58f776f20925eb8496b61cd9d7dca1be5b9fa0198b30f9259452
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