Va. Model Jury Instr. Crim. No. 7.350

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 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 contained therein, was $1,000 or more;

If you find from the evidence that the Commonwealth has proved beyond a reasonable doubt

each of the above elements of the crime, you shall find the defendant guilty of the felony 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 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 if you find 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.