Va. Model Jury Instr. Crim. No. 49.130

The defendant is charged with the crime of trespass on posted property. The Commonwealth

must prove beyond a reasonable doubt each of the following elements of that crime:

(1) That the defendant willfully went on the [lands; waters; ponds; boats; blinds] of another to hunt,

fish or trap; and

(2) That he neither had the written consent of, nor was he in the presence of, the owner or his

agent; and

(3) That the [lands; waters; ponds; boats; blinds] were posted by the owner or lessee: [by placing

signs prohibiting hunting, fishing or trapping where they may reasonably be seen; by placing identifying

(Insert type and color of paint as prescribed by the Department of Wildlife Resources) paint marks, each

consisting of a vertical line of at least two (2) inches in width and at least eight (8) inches in length with

the center of each mark no less than three (3) feet nor more than six (6) feet from the ground or normal

water surface, on trees or posts at each road entrance and adjacent to public roadways and public

waterways adjoining the property, and such marks were readily visible to any person approaching the

property].

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.