MT · jury_instructions
Mont. Crim. Jury Instr. 6-109(a) (2022)
Issues in Theft By Unauthorized Control Over Public Assistance
To convict the Defendant of the charge of theft, the State must prove the following elements:
1. That the Defendant obtained or exerted unauthorized control over any part of any public assistance;
AND
2. That the public assistance was provided under Title 52 or 53 by a state or county agency;
AND
3. That the Defendant acted purposely or knowingly;
AND
4. That the assistance was obtained by means of [a knowingly false statement, representation, or impersonation] [a fraudulent scheme or device.]
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
- 2009
- Content hash
9c59927d12c028fedb7ceb5e337293a08427b397a7119c2c6a9ec750599fca5e
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