VA · jury_instructions
Va. Model Jury Instr. Crim. No. 7.200
Burning Structure or Building Other Than Dwelling—Occupied
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; caused to be set on fire 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 [(building or structure referred to in § 18.2-79)]; and
(2) That the defendant acted with malice; and
(3) That at the time there was a person therein; and
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 arson of an
occupied structure.
If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt
the first two elements of the crime but has not proved beyond a reasonable doubt that there was a
person therein at the time the crime was committed, then you shall find the defendant guilty of
arson of an unoccupied structure.
[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 or
both 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
62c8ec6af76cba98cac08b43f18aedfebc1a70c31966bca46f3ea9008656c577
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