5-122(a), 2022, Source and Comment] SOURCE: MCA 45-5-304(1) (2021) COMMENT: Note the limitations relating to the application of this offense in MCA 45-5-304(3) (2021). 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. 143, 902 P.2d 14 (1995), citing Websters Collegiate Dictionary, (10th Ed.1993). 1, 243 P.3d 387. City of Missoula v. Zerbst, 2020 MT 108, 400 Mont. 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. [5-102(b)] [Mitigated Deliberate Homicide as a Lesser Included Offense] The Defendant is charged with deliberate homicide. _____ Refused _____ Withdrawn _____ By_____ [Patronizing a Victim of Sexual Servitude, No. 500. The maximum sentence on the additional felony is a prison sentence of no less than. INSTRUCTION NO. _____ Defendants Proposed Instruction No._____ Given as Instruction No. 5-106(a), 2022, Source and Comment] SOURCE: MCA 45-5-201(1)(a)-(d) (2021) COMMENT: Bodily injury is defined in instruction 5-106(b), and in MCA 45-2-101(5) (2021). Ct., 2002 MT 161, 310 Mont. GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-120(a) (2022) Plaintiffs Proposed Instruction No. See State v. Clawson, 239 Mont. GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-114(a) (2022) Plaintiffs Proposed Instruction No. 5-117, 2022, Source and Comment] SOURCE: MCA 45-5-213 (2021) COMMENT: Weapon is defined at MCA 45-2-101(79) (2021) and MCJI 5-117(b). An appropriate instruction pertaining to theft should also be provided. _____ Defendants Proposed Instruction No._____ Given as Instruction No. GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-101(c) (2022) Plaintiffs Proposed Instruction No. OR [a client receiving psychotherapy services and the Defendant is (an employee) (a contractor) (a volunteer) of the facility that provides or purports to provide psychotherapy services to the person and who (has supervisory or disciplinary authority over the person) (is providing or purporting to provide psychotherapy services to the person).] 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. [5-138] [Definitions of Commercial Sexual Activity] Commercial sexual activity means sexual activity for which anything of value is given to, promised to, or received by a person. With a child AND 2. DOC Offenses Against the Person - Montana 5-108, 2022, Source and Comment] SOURCE: MCA 45-5-203(1) (2021) COMMENT: The Criminal Law Commission Comments state: Intimidation requires a specific purpose to cause another to perform or to omit the performance of any act (such as testifying), and the threat must be communicated with that purpose. This article provides an overview of Montana's involuntary manslaughter laws, but first it is important to understand how involuntary manslaughter fits into criminal homicide law in general. That the Defendant acted knowingly or purposely. Homicide Vehicular Homicide While Under Influence 45-5-106. If, on the other hand, you find the Defendant was not acting under the influence of extreme mental emotional stress for which there is reasonable explanation or excuse, you must find the Defendant guilty of the offense of deliberate homicide, and not guilty of the offense of mitigated deliberate homicide. State v. Lambert, 280 Mont. GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-101 (2022) Plaintiffs Proposed Instruction No. Baby missing in Montana; believed to be with parents facing negligent homicide charges Posted at 11:09 PM, May 27, 2022 and last updated 2022-05-29 18:47:26-04 Note the aggravating circumstances for sentencing purposes in MCA 45-5-507(4). GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-115 (2022) Plaintiffs Proposed Instruction No. _____ Defendants Proposed Instruction No._____ Given as Instruction No. 5-125(b), 2022, Source and Comment] SOURCE: MCA 45-5-502(3), (4) (2021) COMMENT: The legislature has provided greater penalties for a Defendant who is more than three years older than a victim under the age of 16, and for a Defendant who inflicts bodily injury on anyone in the course of the offense. INSTRUCTION NO. OR [knowingly, by any means of communication, including electronic communication, persuades, entices, counsels, or procures a child to engage in sexual conduct, actual or simulated, for use in a(n) (exhibition) (photograph, film, videotape, or recording).] INSTRUCTION NO. 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. That the Defendant knew that _______________ was pregnant.] _____ Refused _____ Withdrawn _____ By_____ [Definition of Judicial Officer/Peace Officer, No. That in so doing the Defendant acted without lawful authority; AND 4. GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-117(a) (2022) Plaintiffs Proposed Instruction No. 5-102(a) should be given instead of this Instruction. 5-116(a), 2022, Source and Comment] SOURCE: MCA 45-5-212(1) (2021) COMMENT: This instruction should be accompanied by the instructions defining the elements of assault as defined by MCA 45-5-201 (2021); MCJI 5-106; and MCJI 5-106(a). If the State alleges the defendant violated 61-8-401, MCA, the following instructions should be given: MCJI 10-101 (if applicablesee comment therein) MCJI 10-102 MCJI 10-102(a) MCJI 10-102(b) MCJI 10-102(c) If the State alleges the defendant violated 61-8-1002(1)(b), MCA, the following instructions should be given: MCJI 10-103 MCJI 10-103(a) MCJI 10-103(b) If the State alleges the defendant violated 61-8-1002(1)(d), MCA, the following instructions should be given: MCJI 10-107 MCJI 10-107(a) Unless the Defendant is charged with the underlying traffic offense, the instructions listing the elements of the pertinent traffic offenseMCJI 10-101(a), MCJI 10-103(a) and MCJI 10-107(a)should be modified to state that To find that the Defendant was operating a motor vehicle in violation of [insert the statutory provision and offense name here], you must find the state proved the following elements beyond a reasonable doubt: and the two concluding paragraphs in each instruction regarding finding the Defendant guilty or not guilty should be deleted. _____ Defendants Proposed Instruction No._____ Given as Instruction No. This instruction should be used when the State seeks to impose the greater penalties. The term includes serious mental illness or impairment. OR [(a witness in a criminal investigation) (a person who is under investigation in a criminal matter) and the Defendant is a law enforcement officer who is involved with the case in which the person is (a witness) (being investigated).] Sexual intercourse is defined at MCJI 5-126(b). _____ Defendants Proposed Instruction No._____ Given as Instruction No. GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-110 (2022) Plaintiffs Proposed Instruction No. AND 2. 0:45. That the Defendant acted negligently. _____ Defendants Proposed Instruction No._____ Given as Instruction No. 5-115, 2022, Source and Comment] SOURCE: MCA 45-5-210(1) (2021) COMMENT: Peace officer and judicial officer are defined at MCA 45-5-210(3) and MCJI 5-116(b). INSTRUCTION NO. _____ Refused _____ Withdrawn _____ By_____ [Mitigated Deliberate Homicide, No. If the Defendant is charged with felony murder under MCA 45-5-102(1)(b), MCJI 5-101(b) should be given. 5-143, 2022, Source and Comment] SOURCE: MCA 45-5-701(9) (2021) COMMENT: If the second sentence is applicable, it should be included and MCJI 5-144, defining sexually explicit performance, should be given. Sexual contact is defined at MCJI 2-107. [5-103] [Negligent Homicide] A person commits the offense of negligent homicide if the person negligently causes the death of a human being. 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. OR [subject any person to physical confinement or restraint.] _____ Defendants Proposed Instruction No._____ Given as Instruction No. [5-106] [Assault] A person commits the offense of assault if the person: [purposely or knowingly causes bodily injury to another]; OR [negligently causes bodily injury to another with a weapon]; OR [purposely or knowingly makes physical contact of an insulting or provoking nature with any individual]; OR [purposely or knowingly causes reasonable apprehension of bodily injury in another.] (the length of the labor or services is not limited and the nature of the labor or services is not defined.)] 149, 60 P.3d 951, discusses Criminal Endangerment and the sufficiency of the evidence to sustain a charge of criminal endangerment. Force is defined at MCJI 5-130(b). _____ Refused _____ Withdrawn _____ By_____ [Issues in Patronizing a Victim of Sexual Servitude, No. Two charged with negligent homicide after fatal 2021 crash in downtown If you find from your consideration of all the evidence that all of these elements have been proved beyond a reasonable doubt, then you should find the Defendant guilty. OR 1. 1979 :: Montana Supreme Court Decisions GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-121 (2022) Plaintiffs Proposed Instruction No. OR [overcome by deception, coercion, or surprise.] 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. [5-107(b)] [Definition of Serious Bodily Injury] Serious bodily injury means bodily injury that [creates a substantial risk of death.] 5-130(a), 2022, Source and Comment] SOURCE: MCA 45-5-508 (2021) COMMENT: Consent is defined at MCJI 5-124. GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-140 (2022) Plaintiffs Proposed Instruction No. See Apprendi v. New Jersey, 530 U.S. 466 (2000), and enhancement instruction MCJI 1-123. 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. If you find from your consideration of all of the evidence that these elements have been proved beyond a reasonable doubt, then you should find the Defendant guilty. That the Defendant, while responsible for the care or custody of _________________________, a prisoner,[assaulted or otherwise injured _________________________] [intimidated, threatened, endangered or withheld reasonable necessities from _________________________ with the purpose to obtain a confession from [him] [her] for any other purpose] [violated any civil right of _________________________] AND 2. [5-101(c)] [Definition of Fetus] A fetus is an organism of the species Homo sapiens from 8 weeks of development until complete expulsion or extraction from a womans body. If the Defendant is charged with mitigated deliberate homicide, Instruction No. _____ Defendants Proposed Instruction No._____ Given as Instruction No. _____ Defendants Proposed Instruction No._____ Given as Instruction No. _____ Refused _____ Withdrawn _____ By_____ [Intimidation: Threat of Harm, Restraint, or Commission of Felony, No. An expression of lack of consent through words or conduct means there is no consent or that consent has been withdrawn. 281, 286, 311 P.3d 800, 805. GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-135(a) (2022) Plaintiffs Proposed Instruction No. [5-115(a)] [Issues in Assault on Peace Officer/Judicial Officer] To convict the Defendant of assault on a peace officer/judicial officer, the State must prove the following elements: [That the Defendant caused bodily injury to ________________________.] INSTRUCTION NO. _____ Refused _____ Withdrawn _____ By_____ [Issues in Robbery, No. Marty Judnich. B? 1, 180 P.3d 1102. See also instructions for indecent exposure to a minor. GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-102(a) (2022) Plaintiffs Proposed Instruction No. [5-110] [Mistreating Prisoners] A person commits the offense of mistreating prisoners if, being responsible for the care or custody of a prisoner, the person purposely or knowingly: [assaults or otherwise injures a prisoner.] COMMENT: In Martel, the Court noted that this definition of harass represents the commonly understood meaning of the term. Possession of photographs of a child engaged in actual or simulated sexual activity renders one in violation of MCA 45-5-625(1)(e). GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-123 (2022) Plaintiffs Proposed Instruction No. AND 3. INSTRUCTION NO. See MCA 46-1-401 (2021). GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-112(a) (2022) Plaintiffs Proposed Instruction No. See MCJI 1-123; MCA 46-1-401; State v. Ghostbear, 2014 MT 192A, 338 P.3d 25, 376 Mont. That _________________________ was the Defendant's [ancestor] [descendant] [brother/sister or the whole or half blood] [stepson] [stepdaughter]; AND 3. . State v. Harrington, 2017 MT 273, 16, 389 Mont. INSTRUCTION NO. After a four-day trial, a jury found Lopez guilty of felony negligent homicide for the death . [Sexual activity includes any sexually explicit performance.] _____ Defendants Proposed Instruction No._____ Given as Instruction No. In the course of committing _________________________ [or flight thereafter] the Defendant [or any person legally accountable for the crime] caused the death of _________________________, a human being. GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-126 (2022) Plaintiffs Proposed Instruction No. GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-117 (2022) Plaintiffs Proposed Instruction No. OR [knowingly possesses with intent to sell any visual or print medium, including a medium by use of electronic communication, in which children are engaged in sexual conduct, actual or simulated.] INSTRUCTION NO. _____ Refused _____ Withdrawn _____ By_____ [Sexual Abuse of Children, No. 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. Vehicular homicide while under influence. [5-127] [Indecent Exposure] A person commits the offense of indecent exposure if the person knowingly or purposely exposes the persons genitals or intimate parts by any means, including electronic communication, under circumstances in which the person knows the conduct is likely to cause affront or alarm in order to [abuse, humiliate, harass, or degrade another] [arouse or gratify the persons own sexual response or desire of the sexual response or desire of any person]. GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-124(b) (2022) Plaintiffs Proposed Instruction No. 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. OR [receiving services from a youth care facility, and the Defendant is (an employee) (a contractor) (a volunteer) of the youth care facility who (has supervisory or disciplinary authority over) (is providing treatment to) the person attempting to give consent.] B? These relationships continue regardless of the age of the parties and whether the parties reside in the same household. History:En. _____ Refused _____ Withdrawn _____ By_____ [Determining Sentence Enhancement FactorsSexual Intercourse Without Consent, No. An act in the course of committing sexual assault includes an attempt to commit the offense or flight after the attempt or commission. _____ Refused _____ Withdrawn _____ By_____ [Definition of Commercial Sexual Activity, No. _____ Refused _____ Withdrawn _____ By_____ [Issues in Sexual Abuse of Children, No. _____ Defendants Proposed Instruction No._____ Given as Instruction No. GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-130 (2022) Plaintiffs Proposed Instruction No. [5-130(b)] [Definition of ForceAggravated Sexual Intercourse Without Consent] Force means: [the (infliction) (attempted infliction) (threatened infliction) of bodily injury.] _____ Defendants Proposed Instruction No._____ Given as Instruction No. GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-144 (2022) Plaintiffs Proposed Instruction No. Marty is a former criminal prosecutor in the Cascade County Attorney's Office and now uses that experience to defend those accused of crimes. That the Defendant knew the conduct would be observed by a person who is under 16 years of age. _____ Refused _____ Withdrawn _____ By_____ [Issues in Vehicular Homicide While Under the Influence, No. Issues regarding consent should be set forth in a separate instruction. 5-138, 2022, Source and Comment] SOURCE: MCA 45-5-701(3) (2021) COMMENT: Sexual activity is defined at MCJI 5-143. Billings police responded to reports of a shooting early Saturday morning on the . . That the Defendant caused bodily injury to ________________________, a partner or family member with a weapon; AND 2. 281, 286, 311 P.3d 800, 805. _____ Refused _____ Withdrawn _____ By_____ [Definition of Person Incapable of Consent, No. See Apprendi v. New Jersey, 530 U.S. 466 (2000), and enhancement instruction MCJI 1-123. Use the result-based mental state instructions. 5-126, 2022, Source and Comment] SOURCE: MCA 45-5-503 (2021) COMMENT: This Instruction should be used with MCJI 5-124, defining consent, or 5-124(a), defining a person who is incapable of consenting to sexual intercourse. If the Defendant is charged with one of the aggravating circumstances in MCA 45-5-703(2)(b), the appropriate jury instructions defining the offense at issue (aggravated kidnapping, sexual intercourse without consent, or deliberate homicide) should be given. The general lesser included offense instruction, MCJI 1-111, should not be given unless there are additional counts charged or other lesser included offenses justified by the evidence that would require that instruction. _____ Defendants Proposed Instruction No._____ Given as Instruction No. INSTRUCTION NO. That the Defendant restrained _________________________ by [secreting him/her in a place of isolation] [using or threatening to use physical force]; AND 2. @ @ @ @ @ &. INSTRUCTION NO. INSTRUCTION NO. However, if you find from your consideration of all the evidence that the State has proved these two elements, you must then consider whether there were mitigating circumstances, that is, whether the Defendant was acting under the influence of extreme mental or emotional stress for which there is reasonable explanation of excuse. _____ Refused _____ Withdrawn _____ By_____ [Negligent Homicide, No. 5-103 Negligent Homicide. Practitioners should be aware that there will need to be additional language added to the sentence enhancement instruction for cases in which the sentence enhancement is based on the number of participants in the same location and whether they could have reasonably known of the other participants offense pursuant to MCA 45-5-503(3)(b). If the Defendant is charged with patronizing a victim of sexual servitude under MCA 45-5-705(1)(b), MCJI 2-121, defining child, should be given. See MCJI 1-123; MCA 46-1-401; State v. Ghostbear, 2014 MT 192A, 338 P.3d 25, 376 Mont. _____ Refused _____ Withdrawn _____ By_____ [Criminal Endangerment, No. 5-129, 2022, Source and Comment] SOURCE: MCA 45-5-507(1) (2021) COMMENT: Definitional instructions such as MCJI 2-101 defining cohabit or MCJI 2-107 defining sexual contact should be given if applicable. Substantial emotional distress is defined at MCJI 5-119(d).INSTRUCTION NO. State v. Martel, 273 Mont. OFFENSES AGAINST THE PERSON Part 1. INSTRUCTION NO. GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-124(a) (2022) Plaintiffs Proposed Instruction No. Sexual servitude is defined through MCJI 5-134. GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-128 (2022) Plaintiffs Proposed Instruction No. That the commercial sexual activity involves sexual contact that is direct and not through clothing with another person AND b. [5-131(a)] [Issues in Trafficking of Persons] To convict the Defendant of trafficking of persons, the State must prove the following elements: [1. _____ Refused _____ Withdrawn _____ By_____ [Definition of Sexual Intercourse, No. Per MCA 45-5-210(4) (2021), criminal endangerment, negligent endangerment, and assault, as defined in MCA 45-5-201, are not included as offenses of assault on a peace officer or judicial officer. [5-111] [Negligent Vehicular Assault] A person who negligently operates a vehicle[, other than a bicycle,] while under the influence of alcohol or drugs, and who causes bodily injury to another commits the offense of negligent vehicular assault. INSTRUCTION NO. _____ Refused _____ Withdrawn _____ By_____ [Definition of Intimidate, No. _____ Defendants Proposed Instruction No._____ Given as Instruction No. See MCJI 1-123; MCA 46-1-401; State v. Ghostbear, 2014 MT 192A, 338 P.3d 25, 376 Mont. _____ Refused _____ Withdrawn _____ By_____ [Definition of Course of Conduct, No. AND That at the time of the offense, ____________________was under 14 years of age. The Defendant cannot be convicted of more than one of these offenses. INSTRUCTION NO. 5-116, 2022, Source and Comment] SOURCE: MCA 45-5-212(1) (2021) COMMENT: This instruction should be accompanied by the instructions defining the elements of assault. 153, L. 2013; amd. If the Defendant is charged with the aggravating circumstance in MCA 45-5-702(2)(b), the definition of child in MCJI 2-121 should be given. It should not be given if the Defendant is charged with sexual assault under MCA 45-5-502. Apr 13, 2020 0 1 of 2 Nolan Lister A judge appointed by the Montana Supreme Court found that Lewis and Clark County District Court Judge Michael McMahon acted with "integrity and honesty" when he. 5-119(c), 2022, Source] SOURCE: MCA 45-5-220(2)(b) (2021) INSTRUCTION NO. [5-117(a)] [Issues in Assault With a Weapon] To convict the Defendant with assault with a weapon, the State must prove the following elements: [1. That the Defendant acted purposely or knowingly.] 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. This instruction should not be given when the Defendant is charged with sexual intercourse without consent in violation of MCA 45-5-503, or aggravated sexual intercourse without consent in violation of MCA 45-5-508. 5-104 Soliciting Suicide. Instructions for other terms defined at MCA 45-5-625(5)(b) should be given as appropriate: MCJI 5-131(c): Electronic communication MCJI 5-131(d): Simulated MCJI 5-131(e): Visual Medium Several versions of the offense apply where the child is under age 16. 5-121(a), 2022, Source and Comment] SOURCE: MCA 45-5-303(1) (2021) COMMENT: The name of the victim should be inserted in the appropriate blanks. OR [intimidates, threatens, endangers or withholds reasonable necessities from the prisoner with the purpose to obtain a confession from him or for any other purpose.] (3) A person convicted of negligent homicide shall be imprisoned . Porter v. State, 2002 MT 319, 313 Mont. If you find from your consideration of all the evidence that all of these elements have been proved beyond a reasonable doubt, then you should find the Defendant guilty. The Supreme Court of the State of Montana ("Montana Supreme Court"), in a 4-3 decision filed on September 16, 2020, overturned the negligent homicide convictions of a former Montana doctor who was charged with distributing dangerous drugs outside the course of a professional practice to eleven patients selected by the prosecutor among approximat. Domestic Abuse and Sexual Intercourse without Consent are not lesser included offenses of Aggravated Kidnapping and can therefore be charged separately. This may impact the usefulness of prior case law. That the circumstances reasonably tended to produce a fear that the threat would be carried out; AND 4. That Defendant used force while having sexual intercourse with _____________; AND 4. One taken into custody in Kalispell for outstanding - ABC FOX Montana 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. A motorist convicted of vehicular homicide faces up to 30 years in prison and/or a maximum $50,000 in fines. INSTRUCTION NO. [It is not a defense to this prosecution that the alleged victim is (not the legitimate child of the Defendant) (related to the Defendant by adoption)]. If you find from your consideration of all the evidence that all of these elements have been proved beyond a reasonable doubt, then you should find the Defendant guilty. 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. 413, 300 P.3d 1140. OR [the abuse or threatened abuse of law or legal process.] 45-5-106. 5-106(b), 2022, Source] SOURCE: MCA 45-2-101(5) (2021) INSTRUCTION NO. If the Defendant is charged with the aggravating circumstances in MCA 45-5-702(2)(b), or 45-5-706(1), the verdict form should include a separate finding to that effect. [5-110(a)] [Issues in Mistreating Prisoners] To convict the Defendant of Mistreating Prisoners, the State must prove the following elements: 1. GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-131(a) (2022) Plaintiffs Proposed Instruction No. MCJI 5-101(c) defining a fetus should also be given. State v. Hovey, 2011 MT 3, 20, 359 Mont. Serious bodily injury is defined at MCJI 5-107(b). _____ Defendants Proposed Instruction No._____ Given as Instruction No. [5-136(a)] [Issues in Use or Possession of Property Subject to Criminal Forfeiture for Human Trafficking] To convict the Defendant of the offense of use or possession of property subject to criminal forfeiture for human trafficking, the State must prove the following elements: 1. Person who is incapable of consent is defined at MCJI 5-124(a). OR [a client receiving psychotherapy services and the Defendant is (an employee) (a contractor) (a volunteer) of the facility that provides or purports to provide psychotherapy services to the person and who (has supervisory or disciplinary authority over the person) (is providing or purporting to provide psychotherapy services to the person).] OR [arouse or gratify the sexual response or desire of either party]. OR [the actual or threatened destruction or taking of a persons identification document or other property.] Weapon is defined at MCA 45-2-101(79) and MCJI 5-117(b). [5-134] [Sexual Servitude] A person commits the offense of sexual servitude if the person purposely or knowingly [uses coercion or deception to compel an adult to engage in commercial sexual activity.] Negligently is defined at MCA 45-2-101(43) (2021) and MCJI 2-105. _____ Refused _____ Withdrawn _____ By_____ [Issues in Indecent Exposure, No. 45-5-104. Negligent homicide, MCA - Montana State Legislature _____ Refused _____ Withdrawn _____ By_____ [Issues in Mistreating Prisoners, No. _____ Defendants Proposed Instruction No._____ Given as Instruction No. [5-129] [Incest] A person commits the offense of incest if he knowingly [marries] [cohabits with] [has sexual intercourse with] or [has sexual contact with] an [ancestor] [a descendant] [a brother or sister of the whole or half blood] or [any stepson] or [stepdaughter]. GIVEN: ______________________________ DISTRICT JUDGE SOURCE: MCJI 5-112(b) (2022) Plaintiffs Proposed Instruction No. 439, 57 P.3d 42 (2002), provides a good discussion of venue and constitutionality issues with respect to this statute.