Mont. Crim. Jury Instr. 6-106(a) (2022)

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

1. That _________________________ was the owner of the _________________________ in question;

AND

2. That the Defendant purposely or knowingly obtained or exerted unauthorized control over the _________________________;

AND

3. [That the Defendant had the purpose of depriving _________________________ of the property;]

OR

3. [That the Defendant purposely or knowingly used, concealed, or abandoned the _________________________ in such manner as to deprive _________________________ of it;]

OR

3. [That the Defendant used, concealed, or abandoned the _________________________ knowing that _________________________ would probably be deprived of it;]

AND

4. That the value of the property is [more than $1,500.00, but less than or equal to $5,000.00] [more than $5,000.00 but less than or equal to $10,000.00] [more than $10,000.00].

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.