VA · jury_instructions
Va. Model Jury Instr. Crim. No. 48.650
Sexual Battery of Inmate, Parolee, Probationer, Pretrial Defendant, or Posttrial Offender
The defendant is charged with the crime of sexual battery of a(n) [inmate; parolee; probationer;
pretrial defendant; posttrial offender]. 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) while (name of person) was a(n) [inmate;
parolee; probationer; pretrial defendant; posttrial offender; person detained or arrested by a law-enforcement officer] [committed to jail; convicted and sentenced to confinement in a local, state, or
regional correctional facility or jail] or under the jurisdiction of [the Department of Corrections; a
local community-based probation program; a pretrial services program; a local or regional jail for the
purposes of imprisonment; a work program; other parole/probationary or pretrial services program];
and
(2) That the defendant was a(n) [employee of; contractual employee of; volunteer with; a law
enforcement officer] [a local/regional jail; the Department of Corrections; a local community-based
probation program; a pretrial services program] at the time he sexually abused (name of person); and
(3) That the defendant was in a position of authority over (name of person) at the time he sexually
abused (name of person); and
(4) That the defendant knew that (name of person) was [under the jurisdiction of a local/regional jail;
the Department of Corrections; a local community-based probation program; a pretrial services
program; in the custody of a private, local or state law-enforcement agency].
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
c3b1b144ef608d965a95d438d0bd8535b60f8f4a35a97de6984104e0478c4376
The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.
Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.