Va. Model Jury Instr. Crim. No. 50.200

The defendant is charged with the crime of making false representation to obtain public

[assistance; benefits]. The Commonwealth must prove beyond a reasonable doubt each of the

following elements of that crime:

(1) That the defendant [obtained; attempted to obtain; aided or abetted another in obtaining] public

[assistance; benefits] to which he was not entitled by means of a [willful false statement or

representation; impersonation; fraudulent device]; and

(2) The act was with the intent to defraud; and

(3) That the [assistance; benefits] [received; sought] was of the value of $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 [assistance; benefits] [received; sought] 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 [assistance; benefits] were of some value,

then you shall find the defendant not guilty.