Va. Model Jury Instr. Crim. No. 7.300

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] a [;

bridge; lock; dam; (identify building or structure of a type different from those addressed in other

provisions set out in Chapter 5 of Article 1 of Title 18.2 of the Code of Virginia)]; and

(2) That the defendant acted with [malice; intent to defraud (an insurance company; name other

person)]; and

(3) That at the time there was a person [therein; thereon].

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 [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

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; and, if you further find from the evidence

beyond a reasonable doubt that the value of the [bridge; lock; dam; (identify building or structure of

a type different from those addressed in other provisions set out in Chapter 5 of Article 1 of Title 18.2

of the Code of Virginia)] with the property therein was $1,000 or more, then you shall find the

defendant guilty of arson of an unoccupied structure [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

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 and that the value of the [bridge; lock; dam;

(identify building or structure of a type different from those addressed in other provisions set out in

Chapter 5 of Article 1 of Title 18.2 of the Code of Virginia)] with the property therein was $1,000 or

more; and, if you further find from the evidence, beyond a reasonable doubt, that the [bridge; lock;

dam; (identify building or structure of a type different from those addressed in other provisions set out in

Chapter 5 of Article 1 of Title 18.2 of the Code of Virginia)] with the property therein was of some

value (there need be no proof of a minimum or specific value), you shall find the defendant guilty

of the misdemeanor of arson of an unoccupied structure [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 either of the

first two elements of the crime or that the [bridge; lock; dam; (identify building or structure of a type

different from those addressed in other provisions set out in Chapter 5 of Article 1 of Title 18.2 of the

Code of Virginia)] with the property therein was of some value, then you shall find the defendant

not guilty.