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MT · jury_instructions

Mont. Crim. Jury Instr. 7-104(a) (2022)

Issues in Tampering with Witnesses or Informants

activein force · 2009-01-01 – presentcompiled-edition

To convict the Defendant of the charge of tampering with [witnesses] [informants], the State must prove the following elements:

1. That the Defendant believed that an official proceeding or investigation was [pending] [about to be instituted];

AND

2. That the Defendant attempted to induce or otherwise cause a [witness] [informant] to testify or inform falsely;

AND

3. That the Defendant acted purposely or knowingly.

OR

1. That the Defendant believed that an official proceeding or investigation was [pending] [about to be instituted];

AND

2. That the Defendant attempted to induce or otherwise cause a [witness] [informant] to withhold testimony, information, a document or thing therefrom;

AND

3. That the Defendant acted purposely or knowingly.

OR

1. That the Defendant believed that an official proceeding or investigation was [pending] [about to be instituted];

AND

2. That the Defendant attempted to induce or otherwise cause a [witness] [informant] to elude legal process summoning him to testify or supply evidence thereto;

AND

3. That the Defendant acted purposely or knowingly.

OR

1. That the Defendant believed that an official proceeding or investigation was [pending] [about to be instituted];

AND

2. That the Defendant attempted to induce or otherwise cause a [witness] [informant] to absent himself from this proceeding or investigation to which he had been summoned;

AND

3. That the Defendant acted purposely or knowingly.

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
2ad257b7678f756ae05b826e1902d030588ed41ae7ed1abc7b771ed131637e0f
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