Va. Model Jury Instr. Crim. No. 50.300

The defendant is charged with the crime of failure to notify the local Department of Social

Services of change in circumstances. The Commonwealth must prove beyond a reasonable doubt

the following elements of that crime:

(1) That the defendant willfully failed to notify the local Department of Social Services of a

change in circumstances which he knew or reasonably should have known would materially affect

his eligibility for assistance or the amount of the public assistance; and

(2) That the failure to notify was with intent to defraud; and

(3) That thereafter the defendant received public assistance of a value of $1,000 or more to which

he was not entitled.

If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt

each of the above elements of the crime, 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 public assistance received by the defendant equaled or exceeded $1,000,

and if you find beyond a reasonable doubt that such assistance was of some value (there need be no

proof of a minimum or specific 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 public assistance was of some value, then

you shall find the defendant not guilty.