Mont. Crim. Jury Instr. 7-111(a) (2022)

To convict the Defendant of the charge of official misconduct, the State must prove the following elements:

1. That the Defendant was a public servant.

AND

2. That while acting in his/her official capacity the Defendant (purposely) (negligently) failed to perform a mandatory duty as required (by law) (by a court of competent jurisdiction).

OR

1. That the Defendant was a public servant.

AND

2. That while acting in his/her official capacity the Defendant knowingly performed an act forbidden by law.

AND

3. That the Defendant knew the act was forbidden by law.

OR

1. That the Defendant was a public servant.

AND

2. That while acting in his/her official capacity the Defendant performed an act in excess of his/her lawful authority.

AND

3. That the Defendant did so with the purpose to obtain advantage for [himself] [herself] [another].

OR

1. That the Defendant was a public servant.

AND

2. That while acting in his/her official capacity the Defendant [solicited] [knowingly accepted] a [fee] [reward] for the performance of an act.

AND

3. That the Defendant knew the [fee] [reward] was not authorized by law.

OR

1. That the Defendant was a public servant.

AND

2. That while acting in his/her official capacity the Defendant knowingly conducted a meeting of a public agency in violation of Montana's Open Meeting Law.

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.