Mont. Crim. Jury Instr. 6-118(a) (2022)

To convict the Defendant of deceptive practices the State must prove the following elements:

1. [That the Defendant caused _________________________, by deception or threat, to execute a document (disposing of property) (by which a pecuniary obligation is incurred);]

OR

1. [That the Defendant (made) (directed _________________________to make) a false or deceptive statement addressed to the public or to _________________________ for the purpose of (promoting) (procuring) the sale of (property) (services);]

OR

1. [That the Defendant (made) (directed another to make) a false or deceptive statement to any person respecting the financial condition of the Defendant for the purpose of procuring a loan or credit;]

OR

1. [That the Defendant accepted a false or deceptive statement regarding a person's financial condition from a person who is attempting to procure a loan or credit;]

OR

1. [That the Defendant obtained or attempted to obtain property, labor or services by (using a credit card which was issued to ______________ without his consent) (using a credit card that was revoked or canceled) (using a credit card that was (falsely made) (counterfeited) (altered) in any material respect) (using the pretended number or description of a fictitious credit card) (using a credit card which had expired and the credit card clearly indicated the expiration date)];

AND

2. The Defendant acted purposely or knowingly;

AND

3. The [deceptive practice was part of a common scheme] [value of any (property) (labor) (services) (obtained) (attempted to be obtained) is (greater than $1,500, but less than or equal to $5,000) (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.