MT · jury_instructions
Mont. Crim. Jury Instr. 7-105(a) (2022)
Issues in Tampering with or Fabricating Physical Evidence
To convict the Defendant of the charge of tampering with or fabricating physical evidence, 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 (altered) (destroyed) (concealed) (removed) a record, document or thing with purpose to impair its verity or availability in such proceeding or investigation;]
OR
1. That the Defendant believed that an official proceeding or investigation was [pending] [about to be instituted];
AND
2. [That the Defendant (made) (presented) (used) a (record) (document) (thing) knowing it to be false and with purpose to mislead any person who was or in the future may be engaged in such proceeding or investigation.]
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
440b2737220be5ec2b04e672ba6f21ad7fb87f749458ddb472bc9748b65b8aac
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