Is a Molotov cocktail a destructive device?

Defendant acknowledges that Molotov cocktails may fall within section 12301, subdivision (a)(5). (See People v. Quinn (1976) 57 Cal.App.3d 251, 258, 129 Cal.Rptr. 139 [device defined by section 12301, subdivision (a)(5) is apparently a Molotov cocktail ].) But defendant asserts that the liquid-filled bottle here, even if described as a Molotov cocktail, was not a destructive device as defined by statute because there was no evidence of the flashpoint of the liquid. Because the evidence failed to establish a necessary element of section 12301, subdivision (a)(5), we presume the evidence was insufficient.¹⁷