MT · jury_instructions
Mont. Crim. Jury Instr. 6-110(a) (2022)
Issues in Theft by Unauthorized Control Over Title 39 Benefits
To convict the Defendant of the charge of theft, the State must prove the following elements:
1. That the Defendant [obtained or exerted] [helped another obtain or exert] unauthorized control over any part of any benefits provided under Title 39, chapter 71;
AND
2. That the Defendant acted purposely or knowingly;
AND
3. That the Defendant [obtained or exerted control] [helped another obtain or exert control] by means of [a knowingly false statement, representation or impersonation] [deception or other fraudulent action].
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
e8955984a7833b2035e6f790aacdd59d30739e59585280dd9f19823bc016bcb5
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