We review a district court's decisions regarding jury instructions for an abuse of discretion. Ammondson v. Northwestern Corp., 2009 MT 331, ¶ 30, 353 Mont. 28, 220 P.3d 1.
Two criteria must be met before a defendant is entitled to a lesser included offense instruction. First, the offense must actually constitute a lesser included offense of the offense charged and second, there must be sufficient evidence to support the included offense instruction. See State v. Martinez, 1998 MT 265, ¶ 10, 291 Mont. 265, 968 P.2d 705. In regard to the second criterion, we have stated that a lesser included offense instruction is not supported by the evidence where the defendant's evidence or theory, if believed, would require an acquittal. State v. Hamby, 1999 MT 319, ¶ 17, 297 Mont. 274, 992 P.2d 1266.