A trespass to personal property is t he use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft.
Montana Instruction to Jury that Unauthorized Sale of Personal Property can Constitute Conversion: In Montana law, there are specific instructions given to the jury regarding the conversion of personal property through unauthorized sales. Conversion refers to the act of wrongfully exercising control over another person's property, depriving them of their rightful ownership or possession. In the context of unauthorized sales, it is crucial for the jury to understand the elements of this offense and the potential consequences. One Montana Instruction to the Jury that Unauthorized Sale of Personal Property can Constitute Conversion is as follows: 1. Elements of Conversion: The jury should consider the following elements when determining whether an unauthorized sale of personal property constitutes conversion: a) The defendant intentionally and wrongfully assumed control over the personal property of the plaintiff. b) The defendant's actions deprived the plaintiff of their rightful ownership or possession of the personal property. c) The defendant's actions were without the consent or authority of the plaintiff. 2. Definition of Unauthorized Sale: An unauthorized sale, for the purpose of this instruction, refers to the act of selling another person's personal property without their consent or authority. It includes cases where an individual, without legal justification, transfers ownership or possession of the property to another party through a sale or other means. 3. Importance of Intent: In a conversion case based on unauthorized sale, the jury should take into account the defendant's intent. The defendant must have knowingly and intentionally engaged in the sale of the plaintiff's personal property, knowing that they were acting without lawful authority. 4. Jury's Role in Determining Conversion: It is the jury's responsibility to evaluate the evidence presented and determine whether the unauthorized sale of personal property, as defined in this instruction, amounts to conversion. The jury should consider the testimony, documents, and other relevant evidence in reaching their verdict. 5. Other Instruction Variations: While this instruction provides a general framework for understanding how unauthorized sale of personal property can constitute conversion, it is essential to note that there may be variations based on the specific circumstances of the case. The judge may provide additional instructions tailored to the facts presented, ensuring a fair and accurate assessment by the jury. In conclusion, Montana laws acknowledge that the unauthorized sale of personal property can indeed amount to conversion. By providing clear instructions to the jury regarding the elements and definition of unauthorized sale, it ensures a fair trial and helps determine whether the defendant should be held liable for their actions.
