Va. Code » Title 19.2. Criminal Procedure » Chapter 15. Trial and Its Incidents » Article 4. Trial by Jury
Virginia Code

Va. Code Ann. § 19.2-263.2 (2026)

Jury instructions

✓ current as of May 2026
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A proposed jury instruction submitted by a party, which constitutes an accurate statement of the law applicable to the case, shall not be withheld from the jury solely for its nonconformance with model jury instructions.

1992, c. 522.

Notes of Decisions
Cited in 22 cases (7 in the last 5 years), 1994–2026 · leading case: Manneh Vay v. Commonwealth of Virginia, 795 S.E.2d 495 (Va. Ct. App. 2017).
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Manneh Vay v. Commonwealth of Virginia, 795 S.E.2d 495 (Va. Ct. App. 2017). · cites it 2× “” See Code § 19.2-263.2 ("A proposed jury instruction submitted by a party, which consti *256 tutes an accurate statement of the law applicable to the case, shall not be withheld from the jury solely for its nonconformance with model jury instructions.”
Howsare v. Commonwealth, 799 S.E.2d 512 (Va. 2017). · cites it 2× “Code § 19.2-263.2 expressly provides that an instruction that accurately states the law applicable to the case shall not be withheld for that reason.”
O'Banion v. Commonwealth, 531 S.E.2d 599 (Va. Ct. App. 2000). · cites it 4× “" Code § 19.2-263.2. "[W]here evidence tends to sustain both the prosecution's and the defense's theory of the case, the trial judge is required to give requested instructions covering both theories.”
Davis v. Commonwealth, 440 S.E.2d 426 (Va. Ct. App. 1994). · cites it 4× “" Code § 19.2-263.2. However, we find no error in the trial court's refusal of the instructions sought by Davis.”
Gaines v. Commonwealth, 563 S.E.2d 410 (Va. Ct. App. 2002). · cites it 4× “" Code § 19.2-263.2. Here, the court's rationale for declining to grant Gaines' proposed instruction violated this statutory dictate.”
Bros. v. Commonwealth, 650 S.E.2d 874 (Va. Ct. App. 2007). · cites it 2× “” Code § 19.2-263.2. Because the issue presented is a question of law involving the interpretation of Code § 18.”
O'Bannion v. Commonwealth, 519 S.E.2d 817 (Va. Ct. App. 1999). · cites it 2× “” Code § 19.2-263.2. “[W]here evidence tends to sustain both the prosecution’s and the defense’s theory of the case, the trial judge is required to give requested instructions covering both theories.”
Zektaw v. Commonwealth, 663 S.E.2d 93 (Va. Ct. App. 2008). · cites it 2× “2-61(A)(i) provides: If any person has sexual intercourse with a complaining witness, whether or not his or her spouse, or causes a complaining witness, whether or not his or her spouse, to engage in sexual intercourse with any other person and such act is accomplished (i)…”
Kelvin Javon Watford v. Commonwealth of Virginia (Va. Ct. App. 2018). · cites it 2× “” Code § 19.2-263.2; see Davis v. Commonwealth, 17 Va.”
Rodolfo Bustos v. Commonwealth of Virginia (Va. Ct. App. 2019). · cites it 2× “” Code § 19.2-263.2. Bustos’ proposed instruction, however, was not “an accurate statement of the law.”
Michael Wayne Keller v. Commonwealth of Virginia (Va. Ct. App. 2021). · cites it 2× “468, 473 (2007) (quoting Code § 19.2-263.2). -6- different because there was no evidence whatsoever to support a heat of passion instruction, we note that, unlike the defendant in Williams, Keller did in fact receive the heat of passion instruction that he requested.”
William Ezell Taylor v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 2× “See Code § 19.2-263.2 (“A - 22 - proposed jury instruction submitted by a party, which constitutes an accurate statement of the law applicable to the case, shall not be withheld from the jury solely for its nonconformance with model jury instructions.”
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