VA · jury_instructions
Va. Model Jury Instr. Crim. No. 48.600(d)
Sexual Battery—Aggravated (Massage Therapist, Practitioner of Healing Arts, or Physical Therapist)
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 defendant was [a massage therapist; a person purporting to be a massage therapist; a
person practicing the healing arts or a person purporting to practice the healing arts; a physical therapist
or a person purporting to be a physical therapist]; and
(3) That the defendant committed the offense during the [actual; purported] [practice of massage
therapy; practice of the healing arts; practice of physical therapy]; and
(4) That the offense is not a recognized form of treatment in the profession; and
(5) That (name of person) did not give their express consent.
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 you have heard further
evidence].
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
db1949a87a9dbeca9f08149fd78e450e0a3104fe22fc78fff3b4f296a8c77296
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