At Elliott's trial, the judge originally ruled that the jury would be instructed “that the burning of a cross by itself is *351 sufficient evidence from which you may infer the required intent.” Id., at 221-222. At trial, however, the court instructed the jury that the Com-monwealth must prove that “the defendant intended to commit cross burning,” that “the defendant did a direct act toward the commission of the cross burning,” and that “the defendant had the intent of intimidating any person or group of persons.” Id., at 250. The court did not instruct the jury on the meaning of the word “intimidate,” nor on the prima facie evidence provision of § 18.2-423. The jury found Elliott guilty of attempted cross burning and acquitted him of conspiracy to commit cross burning. It sentenced Elliott to 90 days in jail and a $2,500 fine. The Court of Appeals of Virginia affirmed the convictions of both Elliott and O'Mara