VA · jury_instructions
Va. Model Jury Instr. Crim. No. 7.100
Burning Dwelling
The defendant is charged with the crime of arson. The Commonwealth must prove beyond a
reasonable doubt each of the following elements of that crime:
(1) That the defendant [burned; by use of an explosive device or substance destroyed in whole or in
part; caused to be burned or destroyed; aided, counseled or procured the burning or destruction of; set
fire to anything the burning of which caused the burning of; aided, counseled or procured the setting fire
to anything the burning of which caused the burning of] a [dwelling house; manufactured home; hotel;
hospital; mental health facility; house, railroad car, boat, vessel or river craft, in which persons usually
dwell or lodge; jail; prison; or any occupied church or church building immediately adjacent thereto];
and
(2) That the defendant acted with malice; and
(3) That the [dwelling house; manufactured home; hotel; hospital; mental health facility; house, railroad
car, boat, vessel or river craft, in which persons usually dwell or lodge; jail; prison; or any occupied
church or church building immediately adjacent thereto] was occupied.
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
arson of an occupied structure.
If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt
each of the first two elements of the above crime, but you find that the [dwelling house;
manufactured home; hotel; hospital; mental health facility; house, railroad car, boat, vessel or river craft,
in which persons usually dwell or lodge; jail; prison; or any occupied church or church building
immediately adjacent thereto] was unoccupied at the time the crime was committed, then you shall
find the defendant guilty of arson of an unoccupied building.
[If you find the defendant guilty, 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 either of the
first two elements of the above crime, 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
7ec36a7fe644c80b86efc467d2239a4abf5b119a905011411b0c47daf2195d72
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