Mont. Crim. Jury Instr. 9-105(a) (2022)

To convict the Defendant of fraudulently obtaining dangerous drugs, the State must prove the following elements:

1. That the Defendant obtained or attempted to obtain the dangerous drug, _________________________;

2. hat the Defendant did so by fraud, deceit, misrepresentation, or subterfuge;

OR

2. That the Defendant did so by falsely assuming the title of or representing himself to be a (manufacturer) (wholesaler) (practitioner) (pharmacist) (owner of a pharmacy) (person authorized to possess dangerous drugs);

OR

2. That the Defendant did so by the use of a (forged) (altered) (fictitious) prescription;

OR

2. That the Defendant did so by the use of a false (name) (address) on a prescription;

OR

2. That the Defendant did so by the concealment of a material fact;

OR

2. That the Defendant did so by failing to disclose to a practitioner that the person has received the same or a similar dangerous drug or prescription for a dangerous drug from another source within the prior 30 days;]

OR

2. That the Defendant did so by communicating (false) (incomplete) information to a practitioner with the intent to procure the (administration of) (a prescription for) a dangerous drug;

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.