Mont. Crim. Jury Instr. 6-103(a) (2022)

To convict the Defendant of arson, the State must prove the following elements:

1. That the Defendant, by means of [fire] [explosives] [damaged] [destroyed] a [structure] [vehicle] [personal property, other than a vehicle, that exceeds $1500 in value] [crop, pasture, forest, or other real property] belonging to _________________________;

AND

2. That the Defendant did so without the consent of _______________________;

AND

3. That the Defendant acted knowingly or purposely;

OR

1. That the Defendant, by means of [fire] [explosives] [damaged] [destroyed] a [structure] [vehicle] [crop] [pasture] [forest] [other property] that _________________________ [owns] [has a possessory interest in], with the purpose of obtaining a pecuniary interest or other gain through fraud or deception;

AND

2. That the Defendant acted knowingly or purposely;

OR

1. That the Defendant, by means of [fire] [explosives] placed [_________________________] [_________________________, a firefighter responding to the scene of a fire or explosion], in danger of [death] [bodily injury];

AND

2. That the Defendant acted knowingly or purposely.

If you find from your consideration of the evidence that all of these elements have been proved beyond a reasonable doubt, then you should find the Defendant guilty.

If, on the other hand, you find from your consideration of the evidence that any of these elements has not been proved beyond a reasonable doubt then you should find the Defendant not guilty.