Mont. Crim. Jury Instr. 6-115(a) (2022)

To convict the Defendant of failure to return rented or leased personal property, the State must prove the following elements:

1. That there existed a rental agreement between the lessor and lessee containing clear, boldly printed written notice of the date and time for return of the property and the penalty for failure to return the property;

AND

2. That the Defendant failed to return the property within 48 hours of the time provided in the rental agreement for return of the property;

AND

3. That the Defendant failed to give notice to and obtain the permission of the lessor for the delay;

AND

4. That the Defendant acted purposely or knowingly.

AND

5. The value of the property which the Defendant failed to return [is greater than $1,500 in value, but less than or equal to $5,000] [part of a common scheme] [greater than $5,000].

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.