Mont. Crim. Jury Instr. 6-116(a) (2022)

To convict the Defendant of unlawful use of a computer, the state must prove the following elements:

1. [That the Defendant obtained the use of a computer, computer system, or computer network without consent of _________________________;]

OR

1. [That the Defendant (altered) (destroyed) (caused _________________________ to alter or destroy) a computer program or computer software without consent of _________________________;]

OR

1. [That Defendant (obtained the use of) (altered) (destroyed) a computer, computer system, or computer network, or any part thereof as part of a deception, for the purpose of obtaining (money) (property) (computer services) from (_________________________, the owner of the computer, computer system, computer network or part thereof) (any other person);]

AND

2. That the Defendant acted knowingly or purposely;

AND

3. That the nature of the offense is one involving property exceeding $1,500 in value.

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.