When a criminal offense can be committed in a variety of ways, does a prosecutor constructively amend an indictment by altering the essential elements of the statute specified in the indictment?

“[A] variation between pleading” in an indictment “and proof” at trial can result in a constructive amendment, thereby “destroy[ing] the defendant’s substantial right to be tried only on charges presented in an indictment returned by a grand jury.” Stirone v. United States , 361 U.S. 212, 217 (1960). Some courts have concluded that a constructive amendment ca n arise only when the crime charged is defined in a different statute from the crim e proved. But other courts have held that a constructive amendment occurs when the pr oof at trial alters an essential element of the charged offense, even if the st atute pled and proved remains the same. The question presented is: When a criminal offense can be commi tted in a variety of ways, does a prosecutor constructively amend an indictme nt by altering the essential elements of the statute specified in the indictment? prefix PARTIES ,