MT · jury_instructions
Mont. Crim. Jury Instr. 6-105(a) (2022)
Issues in Aggravated Burglary
To convict the Defendant of the charge of aggravated burglary, the State must prove the following elements:
1. That the Defendant knowingly entered or remained unlawfully in an occupied structure;
AND
2. That the Defendant [did so with the purpose to commit the offense of ______________ in the occupied structure] [knowingly or purposely committed the offense of _______________ in the occupied structure];
AND
3. [That (in effecting entry) (in the course of committing the offense) (in immediate flight after the commission of the offense), (the Defendant) (another participant in the offense) was armed with (explosives) (a weapon)].
OR
3. [That (in effecting entry) (in the course of committing the offense) (in immediate flight after the commission of the offense), the Defendant (purposely) (knowingly) (negligently) (inflicted) (attempted to inflict) bodily injury on anyone.]
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.
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-08-20
- Edition
- 2022
- Content hash
035d532f531b589ad8925c22bacda4edb4a04c506fa2704def7262918a736d72
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