VA · jury_instructions
Va. Model Jury Instr. Crim. No. 50.100
Unauthorized Use of Food Stamps, Electronic Benefit Transfer Cards, or Energy Assistance Programs
The defendant is charged with the crime of (name of crime). The Commonwealth must prove
beyond a reasonable doubt each of the following elements of that crime:
(1) That the defendant knowingly:
[(a) transferred; acquired; altered; trafficked in; used [food stamps; electronic benefit transfer cards;
benefits from energy assistance programs]; or
[(b) possessed [food coupons; authorization to purchase cards; benefits from energy assistance
programs; (specify benefits card listed in Va. Code Ann. § 63.2-523)]]; and
(2) That the defendant did so with the intent to defraud; and
(3) That the defendant did so in a manner not authorized by law; and
(4) That the amount involved was $1,000 or more.
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 of
(name of crime) as grand larceny [but you shall not fix the punishment until your verdict has been
returned and further evidence has been heard by you].
If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt
each of the first two elements of the crime as charged but you do not find beyond a reasonable
doubt that the value of all [food stamps; electronic benefit transfer cards; benefits from energy
assistance programs; (name other Va. Code § 63.2-523 benefit)] [transferred; acquired; altered;
trafficked in; possessed; used] by the defendant equaled or exceeded $1,000, and if you find beyond
a reasonable doubt that such items were of some value, then you shall find the defendant guilty of
(name of crime) as petit larceny [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 first two elements of the crime, or that such [food stamps; electronic benefit transfer
cards; benefits from energy assistance programs; (name other Va. Code § 63.2-523 benefit)] were of
some value, 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
6add2f2bd4830ef2cf12c45815761e0994e658236a5d96dcae75c7204d8eb0fc
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