TEXAS CRIMINAL PATTERN JURY CHARGES
Copyright Information
The State Bar of Texas, through its Texas Bar Books Department, publishes practice books prepared and edited by knowledgeable authors to give practicing lawyers as much assistance as possible. The competence of the authors ensures outstanding professional products, but, of course, neither the State Bar of Texas, the editors, nor the authors make either express or implied warranties in regard to their use. Each lawyer must depend on his or her own knowledge of the law and expertise in the use or modification of these materials.
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The use of the masculine gender in parts of this manual is purely for literary convenience and should, of course, be understood to include the feminine gender as well.
International Standard Book Number: 978-1-956363-19-7
© 2009-2016, 2018-2020, 2022 State Bar of Texas
Austin, Texas 78711
All rights reserved. Permission is hereby granted for the copying of any part of this publication by a photocopy or other similar process or by manual transcription, by or under the direction of licensed attorneys for use in the practice of law. No other use is permitted that will infringe the copyright without the express written consent of the State Bar of Texas.
This book contains material previously published in Texas Criminal Pattern Jury Charges—Criminal Defenses, Texas Criminal Pattern Jury Charges—General, Evidentiary & Ancillary Instructions, Texas Criminal Pattern Jury Charges—Intoxication, Controlled Substance & Public Order Offenses, Texas Criminal Pattern Jury Charges—Crimes against Persons & Property, Texas Criminal Pattern Jury Charges—Defenses, Texas Criminal Pattern Jury Charges—Intoxication and Controlled Substances, Texas Criminal Pattern Jury Charges—Preparatory Crimes, Texas Criminal Pattern Jury Charges—Crimes against Persons, and Texas Criminal Pattern Jury Charges—Property Crimes.
Dedication
To the memory of our friend and past Committee chair, University of Texas School of Law Professor George E. Dix, 1941-2023. The Criminal Pattern Jury Charges became a reality because of you. For more than a decade, you fostered the growth of this project and sustained its reputation for reliability. We will miss your intellect and your humor and remain deeply in your debt.
Committee on Pattern Jury Charges—Criminal
2023-2024
John R. Messinger, Chair
Hon. E. Alan Bennett, Vice-Chair
Hon. Kevin Patrick Yeary, Court of Criminal Appeals Liaison
Jessie Ray Allen
Jorge G. Aristotelidis
Hon. Robert E. Cadena
Nicci Campbell
Alan Keith Curry
Christopher Downey
Cheri Lynn Duncan
Laurie K. English
Andrew D. Fletcher
Douglas Ross Gladden
Hon. Melissa Y. Goodwin
Sid L. Harle
Marissa Mouton Hatchett
Emily Johnson-Liu
Prof. Susan R. Klein
Prof. Jennifer E. Laurin
Hon. Marina Garcia Marmolejo
James Gerard McDermott II
Filemon David Ortiz
Scott Pawgan
Elizabeth Marian Ponce McClain
Thomas Ross
Tiana Sanford
Edith Evevon "Eve" Schatelowitz
Hon. Benjamin Smith
Alexandra Vargas
Marina Saray Villarreal
Zackery James Wavrusa
Thomas Jess Wooten, III
Committee on Pattern Jury Charges—Oversight
2023-2024
Hon. Daniel E. Hinde, Chair
Hon. Robert K. Schaffer, Vice-Chair
Hon. John P. Devine, Supreme Court Liaison
Brock C. Akers
Malerie Tenille Anderson
Scott Armstrong
Kirsten M. Castañeda
Hon. Murry B. Cohen
J. Christopher Dean
Michael Eady
Hon. Ana Estevez
Marcus Dewayne Esther
Hon. April Lynn Ward Farris
Hon. Titiana Frausto
Stewart W. Gagnon
Hon. Kathleene Dennise Garcia
Mary Taylor Henderson
Clyde James Jackson III
David C. Kent
Jeffrey S. Levinger
LaDawn H. Nandrasy
Karen Precella
Michael L. Slack
Hon. Catherine Stone
Hon. Bonnie Sudderth
Hon. Timothy Sulak
Daphne Alsenia Trombley
James A. Vaught
Hon. Andrew Wright
2023-2024
Cindy V. Tisdale, President
Kennon L. Wooten, Chair of the Board
Steve Benesh, President-elect
Radha Thiagarajan, Chair, Board Professional Development Subcommittee
Tina Green, Chair, Committee on Continuing Legal Education
Trey Apffel, Executive Director
Texas Bar Books
Sharon Sandle, Director
Elma E. Garcia, Assistant Director
James W. Norman, Project Publications Attorney
Nicholas B. Goddard, Publications Attorney
Derek Smith, Publications Attorney
Roger Siebert, Senior Editor
Courtney Cavaliere, Editor
Lexi Clidienst, Editor
Eizabeth Floreani, Editor
Jill Hoefling, Editor
Edward Morgan, Operations Manager
Travis Riddle, Production Supervisor
Jennifer Townsend, Production and Editorial Assistant
Holly Reddehase, Meeting Coordinator
Lara Talkington, Marketing Coordinator
Kevin Henderson II, Website Manager
Jennifer Karlsson, Web Content Specialist
Otto Nicli, Web Content Specialist
Jennifer Perez, Web Content Specialist
Lenila Carreno, Accounting Specialist
The Pattern Jury Charges Committee—Criminal was first formed in 2005 with the goal of drafting criminal instructions in plain language. The Committee was challenged with addressing both the need to state the law in statutory terms and the need to provide charges in language juries could understand. To this end, the Committee designed an outline for the charges that explicitly states the relevant statutes and legal definitions and then applies the law to the facts in commonsense language. Each section is clearly identified, and the format was designed to enhance readability for the jury.
Once this template was developed, the Committee drafted the first volume: Texas Criminal Pattern Jury Charges—Intoxication and Controlled Substances. The Committee was then able to produce four more volumes at a rapid pace. In 2015, the series was expanded and reorganized for greater utility and room for further expansion.
In 2020, the Committee revisited the template it initially adopted. Importantly, it renewed its commitment to using a format and language that enhance juror understanding. It continued what it believed were the Committee’s most significant contributions—its culpable mental state definitions (tailored to a specific element, not a category like “result” or “circumstances”) and the numbered list of elements in its application of law to facts unit. Based on the advice of highly experienced members, judges, and other practitioners, the Committee also streamlined the charge template. In particular, it eliminated the potential confusion that might occur from conveying the elements of the offense in several different ways throughout the charge, notably in its accusation and relevant statutes units. The result is shorter and less repetitive instructions for the jury. And in 2022, with technical support and implementation by Texas Bar Books, the pattern charges moved to a fully online format—with the aim of providing even greater functionality and ease of use.
As with the initial set of volumes, the Committee still provides in its commentary a significant amount of material on the underlying law to aid practitioners in using the charges. This varies from the style of the civil charges. But precisely because the Committee’s approach is significantly different from that of more traditional criminal charges, the Committee felt it was important to ensure the attorney had all the information needed to use the charges with confidence.
This work could not have been completed without the commitment, dedication, and experience of many Committee members, both past and present. These members have volunteered their time to read hundreds of pages before meetings and participated in hours of (sometimes contentious) discussion so that the pattern charges will be both balanced and accurate. They have volunteered to keep sections of our materials up to date with case law and legislative changes, and a particularly dedicated group of members have also drafted charges on the Committee’s behalf. The Committee is especially indebted to Professor George Dix, who made this jury charge project possible in the first place and whose contributions and leadership continued to sustain it for more than a decade. The Committee is also grateful to Judge Kevin Yeary for his long-time support as a liaison to the Texas Court of Criminal Appeals, to the numerous other lawyers and judges who have offered ideas for improvement, and to the staff of Texas Bar Books, who provide the careful editing and other invaluable assistance that have made this online publication a reality.
—Emily Johnson-Liu and James McDermott, Co-Chairs
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Purpose of Publication
The purpose of this product is to assist the bench and bar in preparing the court's charge in jury cases. It provides general instructions for the guilt/innocence stage of the trial and instructions covering the most commonly used offenses and defenses. The jury instructions are suggestions and guides to be used by a trial court if they are applicable and proper in a specific case. Of course, the exercise of professional judgment by the attorneys and the judge is necessary in every case.
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Scope of Pattern Charges
A charge should conform to the pleadings and evidence of the particular case. Occasions will arise for the use of instructions not specifically addressed herein. Even for the specific instructions that are addressed in this product, trial judges and practitioners should recognize that the Committee may have erred in its perceptions and that its recommendations may be affected by future appellate decisions and statutory changes.
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Principles of Style
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Basic philosophy. This product embodies the Committee's recommendation that several basic and reasonable changes can and should be made to how juries are instructed in criminal trials. Although they are the result of long and careful consideration by members drawn from the bench, prosecutors' offices, defense practice, and academia, the jury instructions in this product have no official status. Appellate courts are unlikely to regard trial judges' refusal to use the Committee's jury instructions as reversible error. These instructions will be used, then, only if trial judges are willing to exercise their considerable discretion to adopt them in particular cases.
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Simplicity. Criminal litigation by its nature often raises difficult questions for juries to resolve. Compound that difficulty with the current practice of drafting instructions almost verbatim from the statutes, occasionally inherently ambiguous themselves, and an onerous task lies ahead of juries. The Committee concluded that plain language in criminal jury instructions is both desirable and permissible and has therefore sought to be as brief as possible and to use language that is simple and easy to understand.
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Bracketed material. Several types of bracketed material appear in the jury instructions. In a bracketed statement such as “[indictment/information],” the user must choose between the terms or phrases within the brackets. The choices are separated by forward slash marks. Alternative letters or phrases may also be indicated by the use of brackets. For example, “county[ies]” indicates a choice between the words “county” and “counties.” In a bracketed statement such as “[name of accomplice],” the user is to substitute the name of the accomplice rather than retaining the bracketed material verbatim. Material such as “[include if applicable: . . .]” and “[describe purpose]” provides guidelines for completing the finished jury instruction and should not be retained verbatim in the document.
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Use of masculine gender. For simplicity, the jury instructions in this product use masculine pronouns. These pronouns are not enclosed in brackets, but the user should, when drafting jury instructions for a particular case, replace the pronouns with feminine versions wherever appropriate. The jury instructions in this product do, however, use disjunctive pairs of masculine and feminine pronouns when the identity of a person will not be known at the time the instructions are given to the jury (for example, “have your foreperson sign his or her name”).
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Comments and Citations of Authority
The discussions and comments accompanying each jury instruction provide a ready reference to the law that serves as a foundation for the instruction. The primary authorities cited in this product are the Texas Penal Code, the Texas Code of Criminal Procedure, and Texas case law.
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Using the Pattern Jury Charges
For general guidelines on drafting a criminal jury charge, refer to the section titled “Quick Guide to Drafting a Jury Charge,” which follows this introduction. For matters specific to any instruction, refer to the commentary in chapter 1, any general commentary that begins the chapter containing the instruction in question, and the commentary specific to and following the instruction itself. Finally, preparation of a proper charge requires careful legal analysis and sound judgment.
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Future Revisions
The contents of the jury instructions depend on the underlying substantive law relevant to the case. The Committee expects to publish updates as needed to reflect changes and new developments in the law.
Quick Guide to Drafting a Jury Charge
The Main Charge
- Examine the indictment to determine the relevant Texas Penal Code provisions.
- Compare the language of the offense or offenses charged in the indictment with the language of the relevant Penal Code provisions. In general, the indictment should track the statutory language, alleging all the elements of a particular offense or offenses.
- For each count in the indictment, determine what the elements of the offense are. Even if the indictment does not allege all the elements of an offense, the jury charge must do so. If the indictment alleges more than the Penal Code provision requires, it may be possible to omit the unnecessary language in the jury charge.
- With few exceptions, all offenses require both forbidden conduct and one or more
culpable mental states. Some offenses also require a certain
result—for example,
homicide, which requires that the defendant's conduct cause a
result, death (see
Tex. Penal Code § 19.01). Still other offenses include a circumstance
surrounding
conduct. For example, aggravated assault of a public servant under Tex. Penal
Code § 22.02(b)(2)(B) requires that the person assaulted be a public servant, a
circumstance
surrounding conduct, as well as requiring the forbidden conduct and
a proscribed result.
For each offense you submit to the jury, then, you must ask:
- What is the forbidden conduct?
- Does the offense require a certain result?
- Does the offense include one or more circumstances surrounding conduct?
- Next determine what culpable mental states are required to commit the offense. A culpable mental state may be required as to conduct, a result, a circumstance surrounding conduct, or all these elements. For example, in the case of aggravated assault of a public servant, when bodily injury is alleged, the defendant must intentionally, knowingly, or recklessly cause a result, bodily injury. The statute also requires, however, that the state prove that the defendant knew the victim was a public servant—a circumstance surrounding conduct. In most cases, the statutory provision itself will indicate which culpable mental states apply, but sometimes case law will dictate that a culpable mental state not expressly included in the statute is also required. Finally, you must be careful to confine each culpable mental state to the element to which it applies. For example, in the case of injury to a child, the relevant culpable mental states apply to the result, not the conduct (see Tex. Penal Code § 22.04(a); Haggins v. State, 785 S.W.2d 827 (Tex. Crim. App. 1990)).
- Many offenses may be committed in more than one statutory manner. For example, injury to a child may be committed by either an affirmative act—for example, hitting the child—or by an omission—for example, failing to provide medical care (see Tex. Penal Code § 22.04(a)). For each offense in the indictment, you must ask whether the state has alleged alternative statutory theories of how the offense was committed. If so, you will submit these theories to the jury in the disjunctive. The jurors must be unanimous that the state has proved the offense, but they need not be unanimous about the specific statutory manner. Do not, however, submit a theory to the jury if it (1) is not alleged in the indictment or (2) is not supported by the evidence adduced at trial.
- Other offenses define distinct statutory acts or results, and the jury must be unanimous on the specific act or result. For example, simple assault may be committed by causing bodily injury or by threatening another with imminent bodily injury (see Tex. Penal Code § 22.01(a)(1), (2)). These are separate and distinct criminal acts, so the jury must be unanimous about which act the defendant committed. You should not submit these acts in the disjunctive unless you also inform the jury that it must be unanimous about one specific act.
- If the indictment contains multiple counts, determine whether the state is seeking a conviction on each count or has alleged them in the alternative—for example, capital murder under Tex. Penal Code § 19.03 in the first count and murder under Tex. Penal Code § 19.02 in the second count. The jury must not be allowed to convict the defendant for two offenses when one is a lesser included offense of the other.
- Determine which unanimity instruction to give. In general, the rule is that when the state is alleging that the defendant committed one offense in one of two or more ways, the jury need not be unanimous—for example, sexual assault by penetration with the penis or a finger. In contrast, when the state is alleging that the defendant committed one of two or more acts, each of which could constitute a separate offense, the jury must be unanimous as to which act was committed—for example, sexual assault by penetration of the sexual organ or the anus of the victim (see Tex. Penal Code § 22.011(a)(1)(A)).
Defensive Matters and Lesser Included Offenses
- On request, determine if any defenses or affirmative defenses apply in the case. If so, include them, taking care to explain to the jury which party has the burden of proof.
- On request, determine if any lesser included offense instructions should be given. Ask the party who is requesting the lesser included offense instruction to explain what evidence raises that instruction.
Use of Evidence Instructions and Special Instructions
- On request, give a limiting instruction if extraneous offenses or bad acts have been introduced. Be careful to specifically identify the particular purpose for which the evidence was offered. Do not give a laundry-list instruction—for example, “intent, knowledge, scheme, plan, opportunity, or motive.”
- Determine if any special instructions, such as an instruction on accomplice witnesses or on the law of parties, should be given.
- Determine if any special issue instructions, such as a deadly weapon finding, should be included in the guilt/innocence phase instructions.
Putting the Charge Together
- Give general instructions to be included in every case and, if applicable, an instruction on the defendant's failure to testify.
- If multiple defendants are on trial, give a complete set of instructions for each defendant.
- Attach appropriate verdict forms. There should be one verdict form for each separate count or indictment that is submitted to the jury.
- Submit the proposed charge to each party for objections or special requests and modify the charge if appropriate.
CPJC Online Disposition Table
Does not include CPJCs added to the Online CPJCs that were not in the printed volumes.
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OLD (CPJC in printed volumes) |
NEW (online CPJCs) |
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CH. 1 COMMENTARY ON CRIMINAL JURY CHARGES |
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1.1 General Matters |
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1.2 Jury Instructions in Criminal Cases—Terminology and Structure |
1.2 Jury Instructions in Criminal Cases—Terminology and Structure |
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1.3 Prohibition against Commenting on Evidence, Summarizing Testimony, and Discussing Facts |
1.3 Prohibition against Commenting on Evidence, Summarizing Testimony, and Discussing Facts |
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1.4 Analyses from Appellate Opinions |
1.4 Analyses from Appellate Opinions |
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1.5 Definitions of Terms |
1.5 Definitions of Terms |
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1.6 Burden of Proof |
1.6 Burden of Proof |
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1.7 Culpable Mental States |
6.7 Culpable Mental States |
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1.8 Causation |
6.8 Causation |
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1.9 Jury Unanimity |
1.8 Jury Unanimity |
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1.10 Venue |
1.9 Venue |
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CH. 2 THE GENERAL CHARGE |
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2.1 General Charge |
2.1 General Charge |
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CH. 3 SPECIAL INSTRUCTIONS |
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3.1 Instruction—Limited Use of Evidence—Uncharged “Bad Acts” |
2.2 Instruction—Limited Use of Evidence—Uncharged “Bad Acts” |
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3.2 Instruction—Limited Use of Evidence—Defendant’s Prior Convictions |
2.3 Instruction—Limited Use of Evidence—Defendant’s Prior Convictions |
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3.3 Instruction—Accomplice Witness Testimony—Accomplice as Matter of Law |
2.4 Instruction—Accomplice Witness Testimony—Accomplice as Matter of Law |
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3.4 Instruction—Accomplice Witness Testimony—Accomplice Status Submitted to Jury |
2.5 Instruction—Accomplice Witness Testimony—Accomplice Status Submitted to Jury |
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3.5 Instruction—Covert Agent Testimony—Corroboration Required as Matter of Law |
2.6 Instruction—Covert Agent Testimony—Corroboration Required as Matter of Law |
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3.6 Instruction—Covert Agent Testimony—Corroboration Requirement Submitted to Jury |
2.7 Instruction—Covert Agent Testimony—Corroboration Requirement Submitted to Jury |
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3.7 Instruction—Inmate Witness Testimony—Corroboration Required as Matter of Law |
2.8 Instruction—Inmate Witness Testimony—Corroboration Required as Matter of Law |
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3.8 Instruction—Inmate Witness Testimony—Status Submitted to Jury |
2.9 Instruction—Inmate Witness Testimony—Status Submitted to Jury |
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3.9 Instruction—Use or Exhibition of Deadly Weapon—By Defendant Personally |
10.2 Instruction—Use or Exhibition of Deadly Weapon—By Defendant Personally |
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3.10 Instruction—Use or Exhibition of Deadly Weapon—By Defendant or Party |
10.3 Instruction—Use or Exhibition of Deadly Weapon—By Defendant or Party |
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CH. 4 TRANSFERRED INTENT |
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4.1 General Comments |
6.9 General Comments on Transferred Intent |
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4.2 Instruction—Transferred Intent—Different Offense |
6.10 Instruction—Transferred Intent—Different Offense |
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4.3 Instruction—Transferred Intent – Different Person or Property |
6.11 Instruction—Transferred Intent – Different Person or Property |
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CH. 5 PARTY LIABILITY |
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5.1 Party Liability Generally |
7.1 Party Liability Generally |
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5.2 Instruction—Party Liability |
7.2 Instruction—Party Liability |
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5.3 Instruction—Primary Actor and Party Liability |
7.3 Instruction—Primary Actor and Party Liability |
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5.4 Instruction—Coconspirator Liability |
7.4 Instruction—Coconspirator Liability |
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5.5 Instruction—Primary Actor, Party, or Coconspirator Liability |
7.5 Instruction—Primary Actor, Party, or Coconspirator Liability |
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CH. 6 UNCHARGED AND LESSER INCLUDED OFFENSES |
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6.1 Submission of an Uncharged Offense |
5.1 Submission of an Uncharged Offense |
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6.2 Submission of a Lesser Included Offense |
5.2 Submission of a Lesser Included Offense |
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6.3 Instruction—Lesser Included Offense—Acquit First of Greater Offense |
5.3 Instruction—Lesser Included Offense—Acquit First of Greater Offense |
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6.4 Instruction—Lesser Included Offense—Reasonable Effort |
5.4 Instruction—Lesser Included Offense—Reasonable Effort |
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CH 7. PRESUMPTIONS |
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7.1 Jury Charges on Presumptions |
1.7 Jury Charges on Presumptions |
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7.2 Instruction—Presumption of Knowledge—Aggravated Assault on Public Servant Wearing Distinctive Uniform or Badge |
22.7 Instruction—Presumption of Knowledge—Aggravated Assault on Public Servant Wearing Distinctive Uniform or Badge |
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7.3 Instruction—Presumption of Recklessness and Danger—Knowingly Pointing a Firearm at Another Person |
22.24 Instruction—Presumption of Recklessness and Danger—Knowingly Pointing a Firearm at Another Person |
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7.4 Instruction—Presumption of Intent—Theft of Service |
31.6 Instruction—Presumption of Intent—Theft of Service |
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CH. 8 EXCLUSIONARY RULE ISSUES |
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8.1 General Matters |
4.1 General Matters—Exclusionary Rule Issues |
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8.2 Other Aspects of Recent Case Law |
4.2 Other Aspects of Recent Case Law |
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8.3 Definitions of Terms |
4.3 Definitions of Terms |
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8.4 Burden of Persuasion |
4.4 Burden of Persuasion |
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8.5 Structure of Instructions |
4.5 Structure of Instructions |
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8.6 Instruction—Exclusionary Rules—Evidence Obtained as Result of Traffic Stop for Speeding |
4.6 Instruction—Exclusionary Rules—Evidence Obtained as Result of Traffic Stop for Speeding |
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8.7 Instruction—Exclusionary Rules—Evidence Obtained as Result of Traffic Stop for Failure to Signal Turn |
4.7 Instruction—Exclusionary Rules—Evidence Obtained as Result of Traffic Stop for Failure to Signal Turn |
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8.8 Instruction—Exclusionary Rules—Evidence Obtained as Result of Extending Traffic Stop for Dog Sniff |
4.8 Instruction—Exclusionary Rules—Evidence Obtained as Result of Extending Traffic Stop for Dog Sniff |
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8.9 Instruction—Exclusionary Rules—Evidence Obtained as Result of Arrest for Disorderly Conduct |
4.9 Instruction—Exclusionary Rules—Evidence Obtained as Result of Arrest for Disorderly Conduct |
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8.10 Instruction—Exclusionary Rules—Evidence Obtained as Result of Implied Consent Intoxilyzer Test |
4.10 Instruction—Exclusionary Rules—Evidence Obtained as Result of Implied Consent Intoxilyzer Test |
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CH. 9 OUT-OF-COURT STATEMENTS |
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9.1 Jury Submission of Issues Relating to Out-of-Court Statements |
3.1 Jury Submission of Issues Relating to Out-of-Court Statements |
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9.2 The Corpus Delicti Rule |
3.2 The Corpus Delicti Rule |
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9.3 When Submission Is Required under Texas Code of Criminal Procedure Article 38.22, Section 6 |
3.3 When Submission Is Required under Texas Code of Criminal Procedure Article 38.22, Section 6 |
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9.4 Content of Instruction Regarding Voluntariness |
3.4 Content of Instruction Regarding Voluntariness |
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9.5 Instruction—Texas Law Voluntariness |
3.5 Instruction—Texas Law Voluntariness |
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9.6 Instruction—Texas Law Voluntariness—Fruits of Contested Statement at Issue |
3.6 Instruction—Texas Law Voluntariness—Fruits of Contested Statement at Issue |
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9.7 When Submission Is Required under Texas Code of Criminal Procedure Article 38.22, Section 7 |
3.7 When Submission Is Required under Texas Code of Criminal Procedure Article 38.22, Section 7 |
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9.8 Content of Instruction Regarding Warnings and Waivers |
3.8 Content of Instruction Regarding Warnings and Waivers |
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9.9 Instruction—Possible State Law Right to Counsel During Custodial Interrogation |
3.9 Instruction—Possible State Law Right to Counsel During Custodial Interrogation |
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9.10 When Submission of Written Statements Is Required |
3.10 When Submission of Written Statements Is Required |
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9.11 Warning by Magistrate |
3.11 Warning by Magistrate |
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9.12 Instruction—Written Statement with Warning by Person to Whom Statement Was Made |
3.12 Instruction—Written Statement with Warning by Person to Whom Statement Was Made |
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9.13 Instruction—Written Statement with Warning by Magistrate |
3.13 Instruction—Written Statement with Warning by Magistrate |
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9.14 When Submission of Oral Statements Is Required |
3.14 When Submission of Oral Statements Is Required |
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9.15 Content of Instruction Regarding Oral Recorded Statements |
3.15 Content of Instruction Regarding Oral Recorded Statements |
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9.16 Instruction—Warnings and Waiver Required for Recorded Oral Statement |
3.16 Instruction—Warnings and Waiver Required for Recorded Oral Statement |
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9.17 When Submission of a Claim of Federal Due-Process Involuntariness Is Required |
3.17 When Submission of a Claim of Federal Due-Process Involuntariness Is Required |
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9.18 Contents of Instruction Regarding Federal Due-Process Voluntariness |
3.18 Contents of Instruction Regarding Federal Due-Process Voluntariness |
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9.19 Instruction—Normal Due-Process Voluntariness |
3.19 Instruction—Normal Due-Process Voluntariness |
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9.20 Claims of Due-Process Voluntariness Addressing Overbearing of the Will |
3.20 Claims of Due-Process Voluntariness Addressing Overbearing of the Will |
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9.21 Instruction—Due-Process Overbearing of the Will Voluntariness |
3.21 Instruction—Due-Process Overbearing of the Will Voluntariness |
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CH. 10 SUPPLEMENTAL INSTRUCTIONS |
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10.1 Instruction—Allen Charge |
10.1 Instruction—Allen Charge |
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CH. 12 PUNISHMENT INSTRUCTIONS |
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12.1 General Approach to Punishment Stage Instructions |
12.1 General Approach to Punishment Stage Instructions |
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12.2 Enhancement |
12.3 Enhancement |
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12.3 Instruction—Punishment—General |
12.4 Instruction—Punishment—General |
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12.4 Instruction—Jury Punishment on a Plea of Guilty |
12.5 Instruction—Jury Punishment on a Plea of Guilty |
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12.5 General Comments on Community Supervision |
12.6 General Comments on Community Supervision |
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12.6 Instruction—Community Supervision—Felony Conviction |
12.7 Instruction—Community Supervision—Felony Conviction |
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12.7 Instruction—Community Supervision—Misdemeanor Conviction |
12.8 Instruction—Community Supervision—Misdemeanor Conviction |
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12.8 General Comments—Good Conduct Time and Parole Instructions—Section 3g Offenses and Deadly Weapon Findings |
12.9 General Comments—Good Conduct Time and Parole Instructions—Section 3g Offenses and Deadly Weapon Findings |
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12.9 Instruction—First-Degree Felony—Unenhanced |
12.10 Instruction—First-Degree Felony—Unenhanced |
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12.10 Instruction—First-Degree Felony—Enhanced (One Prior Felony) |
12.11 Instruction—First-Degree Felony—Enhanced (One Prior Felony) |
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12.11 Instruction—Second-Degree Felony—Unenhanced |
12.12 Instruction—Second-Degree Felony—Unenhanced |
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12.12 Instruction—Second-Degree Felony—Enhanced (One Prior Felony) |
12.13 Instruction—Second-Degree Felony—Enhanced (One Prior Felony) |
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12.13 Instruction—Third-Degree Felony—Unenhanced |
12.14 Instruction—Third-Degree Felony—Unenhanced |
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12.14 Instruction—Third-Degree Felony—Enhanced (One Prior Felony) |
12.15 Instruction—Third-Degree Felony—Enhanced (One Prior Felony) |
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12.15 Instruction—Any Felony Other Than State Jail Felony—Enhanced (Two Prior Felonies) |
12.16 Instruction—Any Felony Other Than State Jail Felony—Enhanced (Two Prior Felonies) |
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12.16 General Comments on State Jail Felonies |
12.17 General Comments on State Jail Felonies |
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12.17 Instruction—State Jail Felony—Unenhanced |
12.18 Instruction—State Jail Felony—Unenhanced |
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12.18 Instruction—State Jail Felony—Enhanced (One Prior Felony) |
12.19 Instruction—State Jail Felony—Enhanced (One Prior Felony) |
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12.19 Instruction—State Jail Felony—Enhanced (Two Prior State Jail Felonies) |
12.20 Instruction—State Jail Felony—Enhanced (Two Prior State Jail Felonies) |
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12.20 Instruction—State Jail Felony—Enhanced (Two Prior Felonies) |
12.21 Instruction—State Jail Felony—Enhanced (Two Prior Felonies) |
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12.21 General Comments—Instructions on Good Conduct Time |
12.22 General Comments—Instructions on Good Conduct Time |
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12.22 Instruction—Class A Misdemeanor—Unenhanced |
12.23 Instruction—Class A Misdemeanor—Unenhanced |
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12.23 Instruction—Class A Misdemeanor—Enhanced (One Prior Conviction) |
12.24 Instruction—Class A Misdemeanor—Enhanced (One Prior Conviction) |
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12.24 Instruction—Class B Misdemeanor—Unenhanced |
12.25 Instruction—Class B Misdemeanor—Unenhanced |
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12.25 Instruction—Class B Misdemeanor—Enhanced (One Prior Conviction) |
12.26 Instruction—Class B Misdemeanor—Enhanced (One Prior Conviction) |
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12.26 General Comments on Intoxication Offenses |
12.27 General Comments on Intoxication Offenses |
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12.27 Instruction—Misdemeanor [Driving/Flying/Boating/Assembling or Operating Amusement Ride] While Intoxicated—Unenhanced |
12.28 Instruction—Misdemeanor [Driving/Flying/Boating/Assembling or Operating Amusement Ride] While Intoxicated—Unenhanced |
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12.28 Instruction—Misdemeanor Driving While Intoxicated—Enhanced—Alcohol Concentration at or above 0.15 |
12.29 Instruction—Misdemeanor Driving While Intoxicated—Enhanced—Alcohol Concentration at or above 0.15 |
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12.29 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated—Unenhanced—Open Container Accusation (Plea of Not True) |
12.30 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated—Unenhanced—Open Container Accusation (Plea of Not True) |
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12.30 Instruction—Misdemeanor Driving While Intoxicated—Enhanced—Alcohol Concentration at or above 0.15—Open Container Accusation (Plea of Not True) |
12.31 Instruction—Misdemeanor Driving While Intoxicated—Enhanced—Alcohol Concentration at or above 0.15—Open Container Accusation (Plea of Not True) |
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12.31 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated—Unenhanced—Open Container Accusation (Plea of True) |
12.32 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated—Unenhanced—Open Container Accusation (Plea of True) |
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12.32 Instruction—Misdemeanor Driving While Intoxicated—Enhanced—Alcohol Concentration at or above 0.15—Open Container Accusation (Plea of True) |
12.33 Instruction—Misdemeanor Driving While Intoxicated—Enhanced—Alcohol Concentration at or above 0.15—Open Container Accusation (Plea of True) |
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Deleted. |
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12.34 Instruction—Misdemeanor [Driving/Flying/Boating/Assembling or Operating Amusement Ride] While Intoxicated—Punishment Enhancement (Plea of Not True) |
12.34 Instruction—Misdemeanor [Driving/Flying/Boating/Assembling or Operating Amusement Ride] While Intoxicated—Punishment Enhancement (Plea of Not True) |
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12.35 Instruction—Misdemeanor [Driving/Flying/Boating/Assembling or Operating Amusement Ride] While Intoxicated—Punishment Enhancement (Plea of True) |
12.35 Instruction—Misdemeanor [Driving/Flying/Boating/Assembling or Operating Amusement Ride] While Intoxicated—Punishment Enhancement (Plea of True) |
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12.36 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated—Punishment Enhancement (Plea of Not True)—Open Container Accusation (Plea of Not True) |
12.36 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated—Punishment Enhancement (Plea of Not True)—Open Container Accusation (Plea of Not True) |
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12.37 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated—Punishment Enhancement (Plea of Not True)—Open Container Accusation (Plea of True) |
12.37 Instruction—Misdemeanor [Driving/Assembling or Operating Amusement Ride] While Intoxicated—Punishment Enhancement (Plea of Not True)—Open Container Accusation (Plea of True) |
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12.38 Instruction—Suspension of Driver’s License |
12.38 Instruction—Suspension of Driver’s License |
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CH. 20 DEFENSES GENERALLY |
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20.1 Categorizing Defenses |
8.1 Categorizing Defenses |
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20.2 Burdens of Proof and Production under Texas Penal Code Chapter 2 |
8.2 Burdens of Proof and Production under Texas Penal Code Chapter 2 |
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20.3 Explaining to Jury State’s Burden of Proof on Defenses |
8.3 Explaining to Jury State’s Burden of Proof on Defenses |
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20.4 Nonstatutory Defensive Positions and Jury Instructions |
8.4 Nonstatutory Defensive Positions and Jury Instructions |
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20.5 Instructions on Inconsistent Defenses |
8.5 Instructions on Inconsistent Defenses |
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20.6 “Confession and Avoidance”: Need to Admit Offense |
8.6 “Confession and Avoidance”: Need to Admit Offense |
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20.7 Failure to Instruct on Defense Cannot Be “Fundamental” Error |
8.7 Failure to Instruct on Defense Cannot Be “Fundamental” Error |
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20.8 Defendant’s Right to Have No Instruction on Defense |
8.8 Defendant’s Right to Have No Instruction on Defense |
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20.9 Relationship of Necessity to Other Defensive Positions |
8.9 Relationship of Necessity to Other Defensive Positions |
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CH. 21 LACK OF VOLUNTARY ACT |
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21.1 General Comments |
6.1 General Comments on Lack of Voluntary Act |
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21.2 Terminology |
6.2 Terminology: Voluntary Act |
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21.3 Situations That Do and Do Not Put Voluntariness into Issue |
6.3 Situations That Do and Do Not Put Voluntariness into Issue |
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21.4 Distinguishing Lack of Intent to Cause Result of Conduct from Lack of Culpable Mental State |
6.4 Distinguishing Lack of Intent to Cause Result of Conduct from Lack of Culpable Mental State |
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21.5 Course of Conduct Including Voluntary and Involuntary Acts |
6.5 Course of Conduct Including Voluntary and Involuntary Acts |
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21.6 Instruction—Lack of Voluntary Act |
6.6 Instruction—Lack of Voluntary Act |
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CH. 22 MISTAKE OF FACT |
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22.1 Basic Framework for Mistake of Fact under Texas Law |
8.16 Basic Framework for Mistake of Fact under Texas Law |
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22.2 Pre-1974 Texas Mistake-of-Fact Law |
8.17 Pre-1974 Texas Mistake-of-Fact Law |
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22.3 Other Jurisdictions and Potential Constitutional Problem |
8.18 Other Jurisdictions and Potential Constitutional Problem |
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22.4 Possible Alternative Approach—Two Mistake-of-Fact Defenses |
8.19 Possible Alternative Approach—Two Mistake-of-Fact Defenses |
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22.5 Reasonableness of Mistake as Matter for Court Rather Than Jury |
8.20 Reasonableness of Mistake as Matter for Court Rather Than Jury |
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22.6 Committee’s Approach |
8.21 Committee’s Approach |
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22.7 Instruction—Mistake of Fact |
8.22 Instruction—Mistake of Fact |
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CH. 23 VOLUNTARY INTOXICATION |
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23.1 Voluntary Intoxication Generally |
8.25 Voluntary Intoxication Generally |
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23.2 Instruction—Voluntary Intoxication |
8.26 Instruction—Voluntary Intoxication |
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CH. 24 INSANITY |
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24.1 Insanity Generally |
8.10 Insanity Generally |
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24.2 Consequences of Insanity Acquittal |
8.11 Consequences of Insanity Acquittal |
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24.3 Defining “Wrong” |
8.12 Defining “Wrong” |
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24.4 Defining “Severe Mental Disease or Defect” |
8.13 Defining “Severe Mental Disease or Defect” |
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24.5 Instruction—Insanity |
8.14 Instruction—Insanity |
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CH. 25 “DIMINISHED CAPACITY,” OR MENTAL CONDITION EVIDENCE DISPROVING CULPABLE MENTAL STATE |
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25.1 Diminished Capacity Generally |
8.15 Diminished Capacity Generally |
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CH. 26 INVOLUNTARY INTOXICATION |
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26.1 Involuntary Intoxication Generally |
8.27 Involuntary Intoxication Generally |
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26.2 Committee’s Position |
8.28 The Committee’s Position to Involuntary Intoxication |
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26.3 Instruction—Involuntary Intoxication |
8.29 Instruction—Involuntary Intoxication |
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CH. 27 ENTRAPMENT |
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27.1 Entrapment Generally |
8.33 Entrapment Generally |
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27.2 Status of “Informers” |
8.34 Status of “Informers” |
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27.3 Instruction—Entrapment |
8.35 Instruction—Entrapment |
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CH. 28 NECESSITY |
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28.1 Necessity Generally—Need to “Admit” Offense |
9.1 Necessity Generally—Need to “Admit” Offense |
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28.2 Instruction—Necessity |
9.2 Instruction—Necessity |
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CH. 29 MISTAKE OF LAW |
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29.1 Texas Penal Code Distinction between Mistakes of “Fact” and Mistakes of “Law” |
8.23 Texas Penal Code Distinction between Mistakes of “Fact” and Mistakes of “Law” |
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29.2 Instruction—Mistake of Law |
8.24 Instruction—Mistake of Law |
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CH. 30 DURESS |
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30.1 General Law of Duress |
8.30 General Law of Duress |
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30.2 Instruction—Duress (Felony) |
8.31 Instruction—Duress (Felony) |
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30.3 Instruction—Duress (Misdemeanor) |
8.32 Instruction—Duress (Misdemeanor) |
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CH. 31 SELF-DEFENSE—NONDEADLY FORCE |
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31.1 Self-Defense Generally |
9.3 Self-Defense Generally |
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31.2 Pre-1974 Penal Code Self-Defense Law and Jury Instructions |
9.4 Pre-1974 Penal Code Self-Defense Law and Jury Instructions |
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31.3 Role of “Provocation” in Self-Defense Instructions |
9.5 Role of “Provocation” in Self-Defense Instructions |
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31.4 Statutory Presumption |
9.6 Statutory Presumption |
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31.5 Retreat |
9.7 Retreat |
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31.6 Converse Instructions on Self-Defense |
9.8 Converse Instructions on Self-Defense |
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31.7 Multiple-Assailant Instruction Generally |
9.9 Multiple-Assailants Instruction Generally |
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31.8 Instruction—Nondeadly Force in Self-Defense |
9.10 Instruction—Nondeadly Force in Self-Defense |
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31.9 Nondeadly Force in Self-Defense with Consent Issue |
9.11 Nondeadly Force in Self-Defense with Consent Issue |
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31.10 Instruction—Nondeadly Force and Consent Issue |
9.12 Instruction—Nondeadly Force and Consent Issue |
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31.11 Nondeadly Force in Self-Defense with “Provoking the Difficulty” Issue |
9.13 Nondeadly Force in Self-Defense with “Provoking the Difficulty” Issue |
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31.12 When Instruction on “Provoking the Difficulty” Is Proper |
9.14 When Instruction on “Provoking the Difficulty” Is Proper |
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31.13 Defining Provocation |
9.15 Defining Provocation |
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31.14 Abandonment of Provoking Attack |
9.16 Abandonment of Provoking Attack |
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31.15 “Right to Arm” and “Provoking the Difficulty” |
9.17 “Right to Arm” and “Provoking the Difficulty” |
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31.16 Defendant’s Verbal Provocation as Insufficient Justification |
9.18 Defendant’s Verbal Provocation as Insufficient Justification |
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31.17 Instruction—Nondeadly Force and “Provoking the Difficulty” Issue |
9.19 Instruction—Nondeadly Force and “Provoking the Difficulty” Issue |
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31.18 Instruction—Nondeadly Force—Defendant Arming Himself |
9.20 Instruction—Nondeadly Force—Defendant Arming Himself |
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31.19 Instruction—Threat of Deadly Force in Self-Defense |
9.21 Instruction—Threat of Deadly Force in Self-Defense |
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CH. 32 SELF-DEFENSE INVOLVING DEADLY FORCE |
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32.1 Deadly Force in Self-Defense Generally |
9.22 Deadly Force in Self-Defense Generally |
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32.2 Instruction—Self-Defense Involving Deadly Force to Protect against Deadly Force by Another |
9.23 Instruction—Self-Defense Involving Deadly Force to Protect against Deadly Force by Another |
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32.3 Instruction—Self-Defense Involving Deadly Force |
9.24 Instruction—Self-Defense Involving Deadly Force |
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32.4 Instruction—Self-Defense Involving Deadly Force—Defendant Arming Himself |
9.25 Instruction—Self-Defense Involving Deadly Force—Defendant Arming Himself |
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CH. 33 SELF-DEFENSE AGAINST ACTION BY PEACE OFFICER |
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33.1 Self-Defense against Action by Peace Officer Generally |
9.29 Self-Defense against Action by Peace Officer Generally |
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33.2 Instruction—Self-Defense against Action by Peace Officer—No Allegation of Excessive Force |
9.30 Instruction—Self-Defense against Action by Peace Officer—No Allegation of Excessive Force |
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33.3 Instruction—Self-Defense against Action by Peace Officer—Allegation of Excessive Force |
9.31 Instruction—Self-Defense against Action by Peace Officer—Allegation of Excessive Force |
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CH. 34 DEFENSE OF OTHERS |
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34.1 Defense of Others Generally |
9.32 Defense of Others Generally |
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34.2 Instruction—Nondeadly Force in Defense of Another |
9.33 Instruction—Nondeadly Force in Defense of Another |
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CH. 35 DEADLY FORCE TO PREVENT FELONY |
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35.1 Deadly Force to Prevent Felony Generally |
9.26 Deadly Force to Prevent Felony Generally |
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35.2 Instruction—Deadly Force to Prevent Felony |
9.27 Instruction—Deadly Force to Prevent Felony |
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35.3 Instruction—Deadly Force to Prevent Felony—Alternative Approach |
9.28 Instruction—Deadly Force to Prevent Felony—Alternative Approach |
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CH. 36 DEFENSE OF PROPERTY |
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36.1 Defense of Property Generally |
9.34 Defense of Property Generally |
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36.2 Defense of “Habitation” or “Dwelling” |
9.35 Defense of “Habitation” or “Dwelling” |
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36.3 Nondeadly Force in Defense of One’s Own Personal Property—Property in One’s Possession and Recovering Property |
9.36 Nondeadly Force in Defense of One’s Own Personal Property—Property in One’s Possession and Recovering Property |
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36.4 Instruction—Nondeadly Force in Defense of One’s Own Personal Property—Preventing Interference with Property in One’s Possession |
9.37 Instruction—Nondeadly Force in Defense of One’s Own Personal Property—Preventing Interference with Property in One’s Possession |
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36.5 Instruction—Nondeadly Force in Defense of One’s Own Personal Property—Recovering Property |
9.38 Instruction—Nondeadly Force in Defense of One’s Own Personal Property—Recovering Property |
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36.6 Nondeadly Force in Defense of Land Generally |
9.39 Nondeadly Force in Defense of Land Generally |
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36.7 Instruction—Nondeadly Force in Defense of Land |
9.40 Instruction—Nondeadly Force in Defense of Land |
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36.8 Instruction—Deadly Force in Defense of One’s Own Personal Property |
9.41 Instruction—Deadly Force in Defense of One’s Own Personal Property |
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36.9 Deadly Force in Defense of Land Generally |
9.42 Deadly Force in Defense of Land Generally |
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36.10 Instruction—Deadly Force in Defense of Land |
9.43 Instruction—Deadly Force in Defense of Land |
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36.11 Instruction—Nondeadly Force in Defense of Third Person’s Personal Property |
9.44 Instruction—Nondeadly Force in Defense of Third Person’s Personal Property |
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CH. 37 SPECIAL RELATIONSHIPS |
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37.1 Reasonable Discipline Defense Generally |
9.45 Reasonable Discipline Defense Generally |
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37.2 Instruction—Reasonable Discipline Defense |
9.46 Instruction—Reasonable Discipline Defense |
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37.3 Educator-Student Defense Generally |
9.47 Educator-Student Defense Generally |
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37.4 Instruction—Educator-Student Defense |
9.48 Instruction—Educator-Student Defense |
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37.5 Guardian-Incompetent Defense Generally |
9.49 Guardian-Incompetent Defense Generally |
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37.6 Instruction—Guardian-Incompetent Defense |
9.50 Instruction—Guardian-Incompetent Defense |
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CH. 40 INTOXICATION OFFENSES |
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40.1 Definition of “Intoxication” |
49.1 Definition of “Intoxication” |
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40.2 Definition of “Motor Vehicle” |
49.2 Definition of “Motor Vehicle” |
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40.3 Definition of “Operate” |
49.3 Definition of “Operate” |
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40.4 “Synergistic Effect” Instruction |
49.4 “Synergistic Effect” Instruction |
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40.5 “No Defense” Instruction |
49.5 “No Defense” Instruction |
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40.6 “No Culpable Mental State Requirement” Instruction |
49.6 “No Culpable Mental State Requirement” Instruction |
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40.7 “Refusal” Instruction |
49.7 “Refusal” Instruction |
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40.8 Limited Use of Breath Test Evidence |
49.8 Limited Use of Breath Test Evidence |
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40.9 “Involuntary Intoxication” Defense Instruction |
49.9 “Involuntary Intoxication” Defense Instruction |
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40.10 Necessity Defense Instruction |
49.10 Necessity Defense Instruction |
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40.11 Instruction—Misdemeanor Driving While Intoxicated (with Necessity Defense) |
49.16 Instruction—Misdemeanor Driving While Intoxicated (with Necessity Defense) |
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40.12 Instruction—Driving While Intoxicated with Child Passenger |
49.17 Instruction—Driving While Intoxicated with Child Passenger |
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40.13 Instruction—Misdemeanor Flying While Intoxicated |
49.18 Instruction—Misdemeanor Flying While Intoxicated |
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40.14 Instruction—Misdemeanor Boating While Intoxicated |
49.19 Instruction—Misdemeanor Boating While Intoxicated |
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40.15 General Comments on Felony Enhanced Offenses |
49.20 General Comments on Felony Enhanced Offenses |
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40.16 Instruction—Felony Driving While Intoxicated (Two Prior DWI Convictions) |
49.21 Instruction—Felony Driving While Intoxicated (Two Prior DWI Convictions) |
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40.17 Instruction—Felony Driving While Intoxicated (Prior Intoxication Manslaughter Conviction) |
49.22 Instruction—Felony Driving While Intoxicated (Prior Intoxication Manslaughter Conviction) |
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40.18 General Comments—Causation |
49.23 General Comments on Death or Injury Intoxication Offenses—Causation |
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40.19 Instruction—Intoxication Manslaughter |
49.24 Instruction—Intoxication Manslaughter |
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40.20 Instruction—Intoxication Assault |
49.25 Instruction—Intoxication Assault |
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CH. 41 CONTROLLED SUBSTANCE OFFENSES |
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41.1 Rationale for Included Instructions |
81.1 Rationale for Included Instructions |
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41.2 Weight Requirements and Grading of Offenses |
81.2 Weight Requirements and Grading of Offenses |
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41.3 Culpable Mental State Concerning Nature of Substance |
81.3 Culpable Mental State Concerning Nature of Substance |
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41.4 Culpable Mental State Concerning Weight of Substance |
81.4 Culpable Mental State Concerning Weight of Substance |
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41.5 Culpable Mental State |
81.5 Culpable Mental State—Possessory Offenses |
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41.6 Defining “Possession” |
81.6 Defining “Possession” |
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41.7 Texas Penal Code Section 6.01(b) and Voluntary Possession |
81.7 Texas Penal Code Section 6.01(b) and Voluntary Possession |
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41.8 Instruction—Possession of Marijuana—Class B Misdemeanor (with Voluntariness Requirement) |
81.8 Instruction—Possession of Marijuana—Class B Misdemeanor (with Voluntariness Requirement) |
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41.9 Instruction—Possession of Marijuana—Other Grades |
81.9 Instruction—Possession of Marijuana—Other Grades |
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41.10 Instruction—Possession of Controlled Substance |
81.10 Instruction—Possession of Controlled Substance |
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41.11 Culpable Mental State |
81.11 Culpable Mental State—Delivery Offenses |
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41.12 Delivery, Transfer, and Constructive Transfer |
81.12 Delivery, Transfer, and Constructive Transfer |
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41.13 Instruction—Delivery of Controlled Substance—By Actual or Constructive Transfer |
81.13 Instruction—Delivery of Controlled Substance—By Actual or Constructive Transfer |
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41.14 Instruction—Delivery of Controlled Substance—By Offer to Sell |
81.14 Instruction—Delivery of Controlled Substance—By Offer to Sell |
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41.15 Instruction—Possession of Controlled Substance with Intent to Deliver |
81.15 Instruction—Possession of Controlled Substance with Intent to Deliver |
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CH. 50 CONSPIRACY |
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50.1 Conspiracy Generally |
15.14 Conspiracy Generally |
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50.2 Instruction—Liability for Conspiracy |
15.15 Instruction—Liability for Conspiracy |
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50.3 Instruction—Liability for Conspiracy—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(b)) |
15.16 Instruction—Liability for Conspiracy—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(b)) |
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50.4 Instruction—Liability for Conspiracy—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d)) |
15.17 Instruction—Liability for Conspiracy—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d)) |
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CH. 51 SOLICITATION |
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51.1 General Comments |
15.18 Criminal Solicitation Generally |
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51.2 Instruction—Criminal Solicitation—Solicitation of Another to Personally Commit Offense |
15.19 Instruction—Criminal Solicitation—Solicitation of Another to Personally Commit Offense |
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51.3 Comment on Solicitation of Another to Induce Someone Else to Commit Offense |
15.20 Comment on Solicitation of Another to Induce Someone Else to Commit Offense |
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51.4 Instruction—Criminal Solicitation—Solicitation of Another to Induce Third Party to Commit Offense |
15.21 Instruction—Criminal Solicitation—Solicitation of Another to Induce Third Party to Commit Offense |
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51.5 Instruction—Criminal Solicitation—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(b)) |
15.22 Instruction—Criminal Solicitation—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(b)) |
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51.6 Instruction—Criminal Solicitation—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d)) |
15.23 Instruction—Criminal Solicitation—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d)) |
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CH. 52 ATTEMPT |
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52.1 General Comments |
15.1 General Comments on Criminal Attempt |
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52.2 Formulating the Elements of Attempt |
15.2 Formulating the Elements of Attempt |
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52.3 Criteria for Determining Whether Defendant Went Far Enough |
15.3 Criteria for Determining Whether Defendant Went Far Enough |
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52.4 Impossibility |
15.4 Impossibility |
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52.5 Defining Specific Intent to Commit Partially Strict Liability Offenses |
15.5 Defining Specific Intent to Commit Partially Strict Liability Offenses |
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52.6 Renunciation Defense to Guilt |
15.6 Renunciation Defense to Guilt |
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52.7 Punishment Mitigation by Quasi-Renunciation |
15.7 Punishment Mitigation by Quasi-Renunciation |
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52.8 Instruction—Attempted Murder |
15.8 Instruction—Attempted Murder |
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52.9 Instruction—Attempted Murder—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(a)) |
15.9 Instruction—Attempted Murder—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(a)) |
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52.10 Instruction—Attempted Murder—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d)) |
15.10 Instruction—Attempted Murder—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d)) |
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52.11 Instruction—Attempted Burglary of a Building |
15.11 Instruction—Attempted Burglary of a Building |
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52.12 Instruction—Attempted Burglary of a Building—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(a)) |
15.12 Instruction—Attempted Burglary of a Building—Affirmative Defense of Renunciation (Texas Penal Code Section 15.04(a)) |
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52.13 Instruction—Attempted Burglary of a Building—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d)) |
15.13 Instruction—Attempted Burglary of a Building—Punishment Mitigation by Quasi-Renunciation (Texas Penal Code Section 15.04(d)) |
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CH. 53 ORGANIZED CRIMINAL ACTIVITY |
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53.1 General Comments |
71.1 General Comments on Engaging in Organized Criminal Activity |
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53.2 Elements of Offense Committed “as a Member of a Criminal Street Gang” |
71.2 Elements of Offense Committed “as a Member of a Criminal Street Gang” |
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53.3 Submission on Alternative Theories |
71.3 Submission on Alternative Theories |
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53.4 Relationship of the Conspiracy and the “Combination” |
71.4 Relationship of the Conspiracy and the “Combination” |
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53.5 Defining “Collaborate in Carrying on Criminal Activities” |
71.5 Defining “Collaborate in Carrying on Criminal Activities” |
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53.6 “Parties” Law |
71.6 “Parties” Law |
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53.7 Affirmative Defense of Renunciation under Texas Penal Code Section 71.05 |
71.7 Affirmative Defense of Renunciation under Texas Penal Code Section 71.05 |
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53.8 Quasi-Renunciation Defense and Punishment |
71.8 Quasi-Renunciation Defense and Punishment |
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53.9 Instruction—Engaging in Organized Criminal Activity—Committing Covered Offense as Member of Criminal Street Gang |
71.9 Instruction—Engaging in Organized Criminal Activity—Committing Covered Offense as Member of Criminal Street Gang |
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53.10 Instruction—Engaging in Organized Criminal Activity—Conspiring to Commit Covered Offense as Member of Criminal Street Gang |
71.10 Instruction—Engaging in Organized Criminal Activity—Conspiring to Commit Covered Offense as Member of Criminal Street Gang |
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53.11 Instruction—Engaging in Organized Criminal Activity—Either Committing or Conspiring to Commit Covered Offense as Member of Criminal Street Gang and Verdict Form |
71.11 Instruction—Engaging in Organized Criminal Activity—Either Committing or Conspiring to Commit Covered Offense as Member of Criminal Street Gang and Verdict Form |
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53.12 Instruction—Engaging in Organized Criminal Activity—Committing Covered Offense to Participate in Combination |
71.12 Instruction—Engaging in Organized Criminal Activity—Committing Covered Offense to Participate in Combination |
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53.13 Instruction—Engaging in Organized Criminal Activity—Conspiring to Commit Covered Offense to Participate in Combination |
71.13 Instruction—Engaging in Organized Criminal Activity—Conspiring to Commit Covered Offense to Participate in Combination |
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53.14 Instruction—Engaging in Organized Criminal Activity—Committing or Conspiring to Commit Covered Offense to Participate in Combination and Verdict Form |
71.14 Instruction—Engaging in Organized Criminal Activity—Committing or Conspiring to Commit Covered Offense to Participate in Combination and Verdict Form |
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53.15 Affirmative Defense of Renunciation under Texas Penal Code Section 71.05(a) |
71.15 Affirmative Defense of Renunciation under Texas Penal Code Section 71.05(a) |
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53.16 Instruction—Engaging in Organized Criminal Activity—Guilt-Innocence Renunciation Affirmative Defense |
71.16 Instruction—Engaging in Organized Criminal Activity—Guilt-Innocence Renunciation Affirmative Defense |
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53.17 Punishment Mitigation—Quasi-Renunciation Issue under Texas Penal Code Sections 71.02(d) and 71.05(c) |
71.17 Punishment Mitigation—Quasi-Renunciation Issue under Texas Penal Code Sections 71.02(d) and 71.05(c) |
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53.18 Instruction—Engaging in Organized Criminal Activity—Quasi-Renunciation Punishment Issue (Texas Penal Code Section 71.02(d) Formulation) |
71.18 Instruction—Engaging in Organized Criminal Activity—Quasi-Renunciation Punishment Issue (Texas Penal Code Section 71.02(d) Formulation) |
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53.19 Instruction—Engaging in Organized Criminal Activity—Quasi-Renunciation Punishment Issue (Texas Penal Code Section 71.05(c) Formulation) |
71.19 Instruction—Engaging in Organized Criminal Activity—Quasi-Renunciation Punishment Issue (Texas Penal Code Section 71.05(c) Formulation) |
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CH. 54 DIRECTING ACTIVITIES OF CRIMINAL STREET GANGS |
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54.1 Statutory History |
71.20 Statutory History of Penal Code Section 71.023 |
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54.2 Definition of “Conspires to Commit” |
71.21 Definition of “Conspires to Commit” |
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54.3 Instruction—Directing Activities of Criminal Street Gang |
71.22 Instruction—Directing Activities of Criminal Street Gang |
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CH. 60 ONLINE SOLICITATION OF A MINOR |
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60.1 Online Solicitation of a Minor Generally |
33.1 Online Solicitation of a Minor Generally |
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60.2 Instruction—Online Solicitation of a Minor—Solicitation to Meet |
33.2 Instruction—Online Solicitation of a Minor—Solicitation to Meet |
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60.3 Instruction—Online Solicitation of a Minor—Solicitation by Communicating in a Sexually Explicit Manner |
33.3 Instruction—Online Solicitation of a Minor—Solicitation by Communicating in a Sexually Explicit Manner |
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60.4 Instruction—Online Solicitation of a Minor—Solicitation by Distributing Sexually Explicit Material |
33.4 Instruction—Online Solicitation of a Minor—Solicitation by Distributing Sexually Explicit Material |
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CH. 61 TAMPERING WITH A WITNESS, RETALIATION, AND OBSTRUCTION |
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61.1 General Comments on Tampering with a Witness |
36.1 General Comments on Tampering with a Witness |
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61.2 Tampering by Benefit |
36.2 Tampering by Benefit |
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61.3 Instruction—Tampering with a Witness by Offering to Confer a Benefit |
36.3 Instruction—Tampering with a Witness by Offering to Confer a Benefit |
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61.4 Tampering by Coercion |
36.4 Tampering by Coercion |
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61.5 Instruction—Tampering with a Witness by Coercion |
36.5 Instruction—Tampering with a Witness by Coercion |
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61.6 Tampering by “Compounding” |
36.6 Tampering by “Compounding” |
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61.7 Instruction—Tampering with a Witness—“Compounding” |
36.7 Instruction—Tampering with a Witness—“Compounding” |
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61.8 Retaliation or Obstruction Generally |
36.8 Retaliation or Obstruction Generally |
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61.9 Instruction—Retaliation |
36.9 Instruction—Retaliation |
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61.10 Instruction—Obstruction |
36.10 Instruction—Obstruction |
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CH. 62 PERJURY AND OTHER FALSIFICATION |
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62.1 Perjury and Aggravated Perjury Generally |
37.1 Perjury and Aggravated Perjury Generally |
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62.2 Instruction—Perjury by Making a False Statement under Oath |
37.2 Instruction—Perjury by Making a False Statement under Oath |
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62.3 Instruction—Perjury by Inconsistent Statements |
37.3 Instruction—Perjury by Inconsistent Statements |
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62.4 Instruction—Aggravated Perjury by Making a False Statement under Oath |
37.4 Instruction—Aggravated Perjury by Making a False Statement under Oath |
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62.5 Instruction—Aggravated Perjury by Inconsistent Statements |
37.5 Instruction—Aggravated Perjury by Inconsistent Statements |
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62.6 General Comments on False Report |
37.6 General Comments on False Report |
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62.7 Instruction—False Report to Peace Officer |
37.7 Instruction—False Report to Peace Officer |
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62.8 General Comments on Tampering with or Fabricating Physical Evidence |
37.8 General Comments on Tampering with or Fabricating Physical Evidence |
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62.9 Instruction—Tampering with Physical Evidence Knowing of Pending or Ongoing Investigation or Official Proceeding |
37.9 Instruction—Tampering with Physical Evidence Knowing of Pending or Ongoing Investigation or Official Proceeding |
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62.10 Instruction—Tampering with Physical Evidence with Intent to Affect Pending or Ongoing Investigation or Official Proceeding |
37.10 Instruction—Tampering with Physical Evidence with Intent to Affect Pending or Ongoing Investigation or Official Proceeding |
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62.11 Instruction—Knowingly Tampering with Physical Evidence with Intent to Affect Any Subsequent Investigation or Official Proceeding |
37.11 Instruction—Knowingly Tampering with Physical Evidence with Intent to Affect Any Subsequent Investigation or Official Proceeding |
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62.12 Instruction—Tampering with Physical Evidence by Failing to Report a Corpse |
37.12 Instruction—Tampering with Physical Evidence by Failing to Report a Corpse |
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62.13 General Comments on Tampering with a Governmental Record |
37.13 General Comments on Tampering with a Governmental Record |
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62.14 Making a False Entry or False Alteration |
37.14 Making a False Entry or False Alteration |
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62.15 Instruction—Tampering with a Governmental Record—Making a False Entry or Alteration |
37.15 Instruction—Tampering with a Governmental Record—Making a False Entry or Alteration |
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62.16 Making or Using a False Thing with the Intent It Be Taken as Genuine |
37.16 Making or Using a False Thing with the Intent It Be Taken as Genuine |
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62.17 Instruction—Tampering with a Governmental Record—Making, Presenting, or Using a False Thing with the Intent It Be Taken as Genuine |
37.17 Instruction—Tampering with a Governmental Record—Making, Presenting, or Using a False Thing with the Intent It Be Taken as Genuine |
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62.18 Making, Presenting, or Using a False Governmental Record |
37.18 Making, Presenting, or Using a False Governmental Record |
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62.19 Instruction—Tampering with a Governmental Record—Making, Presenting, or Using a False Governmental Record |
37.19 Instruction—Tampering with a Governmental Record—Making, Presenting, or Using a False Governmental Record |
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62.20 Instruction—Tampering with a Governmental Record—Presumption of Intent to Harm or Defraud Another |
37.20 Instruction—Tampering with a Governmental Record—Presumption of Intent to Harm or Defraud Another |
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62.21 Instruction—Tampering with a Governmental Record—Defense of No Effect on Government Purpose |
37.21 Instruction—Tampering with a Governmental Record—Defense of No Effect on Government Purpose |
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CH. 63 OBSTRUCTING GOVERNMENTAL OPERATION |
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63.1 Resisting Arrest Generally |
38.1 Resisting Arrest Generally |
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63.2 Instruction—Resisting Arrest |
38.2 Instruction—Resisting Arrest |
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63.3 Evading Detention or Arrest Generally |
38.3 Evading Detention or Arrest Generally |
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63.4 Instruction—Evading Detention or Arrest |
38.4 Instruction—Evading Detention or Arrest |
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63.5 Hindering Apprehension or Prosecution Generally |
38.5 Hindering Apprehension or Prosecution Generally |
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63.6 Instruction—Hindering Apprehension by Harboring or Concealing (Misdemeanor) |
38.6 Instruction—Hindering Apprehension by Harboring or Concealing (Misdemeanor) |
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63.7 Instruction—Hindering Apprehension by Harboring or Concealing (Felony) |
38.7 Instruction—Hindering Apprehension by Harboring or Concealing (Felony) |
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63.8 Instruction—Hindering Apprehension by Warning with “Compliance” Defense (Misdemeanor) |
38.8 Instruction—Hindering Apprehension by Warning with “Compliance” Defense (Misdemeanor) |
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63.9 Escape Generally |
38.9 Escape Generally |
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63.10 Instruction—Escape |
38.10 Instruction—Escape |
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CH. 64 STALKING |
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64.1 Stalking Generally |
42.8 Stalking Generally |
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64.2 Instruction—Stalking |
42.9 Instruction—Stalking |
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CH. 65 GAMBLING OFFENSES |
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65.1 Gambling Generally |
47.1 Gambling Generally |
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65.2 Instruction—Gambling—Game, Contest, or Performance |
47.2 Instruction—Gambling—Game, Contest, or Performance |
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65.3 Instruction—Gambling—Using Cards, Dice, Balls, or Other Devices |
47.3 Instruction—Gambling—Using Cards, Dice, Balls, or Other Devices |
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65.4 Instruction—Gambling Promotion |
47.4 Instruction—Gambling Promotion |
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CH. 80 HOMICIDE |
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80.1 Instructions where Victim is Unborn Child |
19.1 Instructions where Victim is Unborn Child |
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80.2 Instruction—Murder—Knowingly or Intentionally |
19.2 Instruction—Murder—Knowingly or Intentionally |
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80.3 Instruction—Murder—Intent to Cause Serious Bodily Injury |
19.3 Instruction—Murder—Intent to Cause Serious Bodily Injury |
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80.4 Instruction—Murder (Felony Murder) |
19.5 Instruction—Murder (Felony Murder) |
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80.5 Murder—Sudden Passion—Comment on Punishment Stage Instruction |
19.6 Murder—Sudden Passion—Comment on Punishment Stage Instruction |
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80.6 Instruction—Murder—Sudden Passion |
19.7 Instruction—Murder—Sudden Passion |
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80.7 General Comments on Capital Murder |
19.8 General Comments on Capital Murder |
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80.8 Instruction—Capital Murder—Murder of Peace Officer or Fireman |
19.9 Instruction—Capital Murder—Murder of Peace Officer or Fireman |
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80.9 Instruction—Capital Murder—Murder in the Course of Committing a Specified Offense |
19.10 Instruction—Capital Murder—Murder in the Course of Committing a Specified Offense |
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80.10 Instruction—Capital Murder—Murder for Remuneration |
19.11 Instruction—Capital Murder—Murder for Remuneration |
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80.11 Instruction—Capital Murder—Murder by Employing Another to Kill for Remuneration |
19.12 Instruction—Capital Murder—Murder by Employing Another to Kill for Remuneration |
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80.12 Instruction—Capital Murder—Murder of More than One Person |
19.13 Instruction—Capital Murder—Murder of More than One Person |
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80.13 Instruction—Capital Murder—Murder of Individual under Ten Years of Age |
19.14 Instruction—Capital Murder—Murder of Individual under Ten Years of Age |
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80.14 Instruction—Capital Murder—Murder of Individual Ten or Older but Younger than Fifteen Years of Age |
19.15 Instruction—Capital Murder—Murder of Individual Ten or Older but Younger than Fifteen Years of Age |
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80.15 Instruction—Manslaughter |
19.16 Instruction—Manslaughter |
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80.16 Instruction—Criminally Negligent Homicide |
19.17 Instruction—Criminally Negligent Homicide |
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CH. 81 KIDNAPPING AND RELATED OFFENSES |
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81.1 Statutory Framework |
20.1 Statutory Framework |
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81.2 Defining “Restrain” and “Abduct” |
20.2 Defining “Restrain” and “Abduct” |
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81.3 Defining Required Culpable Mental States |
20.3 Defining Required Culpable Mental States |
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81.4 Restriction of Movement “Incident to” Other Offenses |
20.4 Restriction of Movement “Incident to” Other Offenses |
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81.5 Defining “Abduct” in Terms of Intent Accompanying Restraint |
20.5 Defining “Abduct” in Terms of Intent Accompanying Restraint |
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81.6 “Safe Release” Punishment Issue in Aggravated Kidnapping Prosecutions |
20.6 “Safe Release” Punishment Issue in Aggravated Kidnapping Prosecutions |
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81.7 Instruction—Unlawful Restraint |
20.7 Instruction—Unlawful Restraint |
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81.8 Instruction—Kidnapping |
20.8 Instruction—Kidnapping |
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81.9 Instruction—Aggravated Kidnapping |
20.9 Instruction—Aggravated Kidnapping |
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81.10 Instruction—Aggravated Kidnapping by Deadly Weapon |
20.10 Instruction—Aggravated Kidnapping by Deadly Weapon |
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81.11 Instruction—Aggravated Kidnapping—Safe Release Punishment Issue |
20.11 Instruction—Aggravated Kidnapping—Safe Release Punishment Issue |
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CH. 84 SEXUAL OFFENSES |
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84.1 General Comments Regarding Sexual Offenses |
21.1 General Comments Regarding Sexual Offenses |
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84.2 Instruction—Continuous Sexual Abuse of Young Child or Children |
21.2 Instruction—Continuous Sexual Abuse of Young Child or Children |
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84.3 Instruction—Indecency with Child by Contact—Touching by Defendant |
21.11 Instruction—Indecency with Child by Contact—Touching by Defendant |
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84.4 Instruction—Indecency with Child—Touching by Victim |
21.12 Instruction—Indecency with Child—Touching by Victim |
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84.5 Instruction—Indecency with Child—Exposure by Defendant |
21.13 Instruction—Indecency with Child—Exposure by Defendant |
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84.6 Instruction—Indecency with Child—Exposure by Child |
21.14 Instruction—Indecency with Child—Exposure by Child |
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84.7 Instruction—Indecency with Child—Affirmative Defense of Minimal Age Difference |
21.15 Instruction—Indecency with Child—Affirmative Defense of Minimal Age Difference |
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84.8 Instruction—Indecency with Child—Affirmative Defense of Marriage |
21.16 Instruction—Indecency with Child—Affirmative Defense of Marriage |
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84.9 Instruction—Sexual Assault of Adult by Force, Violence, or Coercion |
21.17 Instruction—Sexual Assault of Adult by Force, Violence, or Coercion |
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84.10 Instruction—Sexual Assault of Adult by Force or Violence or by Threat of Force or Violence |
21.18 Instruction—Sexual Assault of Adult by Force or Violence or by Threat of Force or Violence |
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84.11 Instruction—Sexual Assault of Child |
21.19 Instruction—Sexual Assault of Child |
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84.12 Instruction—Sexual Assault of Child—Multiple Orifices Alleged in a Single Count |
21.20 Instruction—Sexual Assault of Child—Multiple Orifices Alleged in a Single Count |
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84.13 Instruction—Sexual Assault of Child—Multiple Orifices by Multiple Means Alleged in a Single Count |
21.21 Instruction—Sexual Assault of Child—Multiple Orifices by Multiple Means Alleged in a Single Count |
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84.14 Instruction—Sexual Assault of Child—Affirmative Defense of Minimal Age Difference |
21.22 Instruction—Sexual Assault of Child—Affirmative Defense of Minimal Age Difference |
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84.15 Instruction—Sexual Assault of Child—Affirmative Defense of Marriage |
21.23 Instruction—Sexual Assault of Child—Affirmative Defense of Marriage |
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84.16 Instruction—Sexual Assault of Child—Medical Care Defense |
21.24 Instruction—Sexual Assault of Child—Medical Care Defense |
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84.17 Instruction—Sexual Assault of Impaired Victim |
21.25 Instruction—Sexual Assault of Impaired Victim |
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84.18 General Comments on Aggravated Sexual Assault |
21.26 General Comments on Aggravated Sexual Assault |
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84.19 Instruction—Aggravated Sexual Assault of Adult |
21.27 Instruction—Aggravated Sexual Assault of Adult |
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84.20 Instruction—Aggravated Sexual Assault of Child between Fourteen and Seventeen |
21.28 Instruction—Aggravated Sexual Assault of Child between Fourteen and Seventeen |
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84.21 Instruction—Aggravated Sexual Assault of Child under Fourteen |
21.29 Instruction—Aggravated Sexual Assault of Child under Fourteen |
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84.22 Instruction—Aggravated Sexual Assault of Child under Six |
21.30 Instruction—Aggravated Sexual Assault of Child under Six |
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84.23 Instruction—Aggravated Sexual Assault of Child—Medical Care Defense |
21.31 Instruction—Aggravated Sexual Assault of Child—Medical Care Defense |
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CH. 85 ASSAULTIVE OFFENSES |
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85.1 Instruction—Assault by Causing Bodily Injury |
22.1 Instruction—Assault by Causing Bodily Injury |
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85.2 Instruction—Assault by Threat |
22.2 Instruction—Assault by Threat |
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85.3 Instruction—Assault by Offensive Touching |
22.3 Instruction—Assault by Offensive Touching |
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85.4 Instruction—Assault by Impeding Normal Breathing or Circulation |
22.4 Instruction—Assault by Impeding Normal Breathing or Circulation |
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85.5 Instruction—Aggravated Assault by Causing Serious Bodily Injury |
22.5 Instruction—Aggravated Assault by Causing Serious Bodily Injury |
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85.6 Instruction—Aggravated Assault by Using or Exhibiting Deadly Weapon in Causing Bodily Injury |
22.6 Instruction—Aggravated Assault by Using or Exhibiting Deadly Weapon in Causing Bodily Injury |
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85.7 General Comments on Injury to a Child, Elderly Individual, or Disabled Individual |
22.8 General Comments on Injury to a Child, Elderly Individual, or Disabled Individual |
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85.8 Instruction—Serious Bodily Injury to Child by Act |
22.9 Instruction—Serious Bodily Injury to Child by Act |
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85.9 Comments on Injury to a Child and Lesser Included Offenses |
22.10 Comments on Injury to a Child and Lesser Included Offenses |
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85.10 Instruction—First-Degree Felony Serious Bodily Injury to Child by Act with Second-Degree Injury as a Lesser Included Offense |
22.11 Instruction—First-Degree Felony Serious Bodily Injury to Child by Act with Second-Degree Injury as a Lesser Included Offense |
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85.11 Instruction—Serious Bodily Injury to Child by Omission—Duty Created by Assumption of Care, Custody, or Control with “Notice” Defense |
22.12 Instruction—Serious Bodily Injury to Child by Omission—Duty Created by Assumption of Care, Custody, or Control with “Notice” Defense |
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85.12 Instruction—Serious Bodily Injury to Child by Omission—Duty Created by Parental Relationship |
22.13 Instruction—Serious Bodily Injury to Child by Omission—Duty Created by Parental Relationship |
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85.13 Instruction—Injury to Child—Affirmative Defense of Religious Treatment |
22.14 Instruction—Injury to Child—Affirmative Defense of Religious Treatment |
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85.14 Instruction—Injury to Child—Affirmative Defense of Minimal Age Difference |
22.16 Instruction—Injury to Child—Affirmative Defense of Minimal Age Difference |
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85.15 Instruction—Injury to Child—Affirmative Defense of Family Violence |
22.15 Instruction—Injury to Child—Affirmative Defense of Family Violence |
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85.16 Instruction—Endangering Child by Act |
22.17 Instruction—Endangering Child by Act |
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85.17 Instruction—Abandoning Child—State Jail Felony |
22.18 Instruction—Abandoning Child—State Jail Felony |
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85.18 Instruction—Abandoning Child—Third-Degree Felony |
22.19 Instruction—Abandoning Child—Third-Degree Felony |
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85.19 Instruction—Abandoning Child—Second-Degree Felony |
22.20 Instruction—Abandoning Child—Second-Degree Felony |
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85.20 Instruction—Deadly Conduct—Recklessness |
22.21 Instruction—Deadly Conduct—Recklessness |
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85.21 Instruction—Deadly Conduct—Discharge of Firearm in Direction of Individuals |
22.22 Instruction—Deadly Conduct—Discharge of Firearm in Direction of Individuals |
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85.22 Instruction—Deadly Conduct—Discharge of Firearm in Direction of Habitation, Building, or Vehicle |
22.23 Instruction—Deadly Conduct—Discharge of Firearm in Direction of Habitation, Building, or Vehicle |
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85.23 Instruction—Deadly Conduct—Presumption of Danger and Recklessness |
22.25 Instruction—Deadly Conduct—Presumption of Danger and Recklessness |
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85.24 Instruction—Terroristic Threat |
22.28 Instruction—Terroristic Threat |
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85.25 General Comments |
22.26 General Comments on Consent to Defense to Certain Assaultive Crimes |
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85.26 Instruction—Defense of Consent |
22.27 Instruction—Defense of Consent |
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CH. 86 OFFENSES AGAINST THE FAMILY |
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86.1 Violation of Protective Order or Bond Condition Generally |
25.1 Violation of Protective Order or Bond Condition Generally |
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86.2 Instruction—Third-Degree Felony Violation of a Protective Order by Committing Family Violence Bodily Injury Assault |
25.2 Instruction—Third-Degree Felony Violation of a Protective Order by Committing Family Violence Bodily Injury Assault |
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86.3 Instruction—Violation of a Protective Order by Communicating by Any Means |
25.3 Instruction—Violation of a Protective Order by Communicating by Any Means |
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86.4 Instruction—Violation of a Protective Order by Going Near Prohibited Place |
25.4 Instruction—Violation of a Protective Order by Going Near Prohibited Place |
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CH. 87 ROBBERY |
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87.1 Instruction—Robbery by Causing Injury |
29.1 Instruction—Robbery by Causing Injury |
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87.2 Instruction—Robbery by Threat |
29.2 Instruction—Robbery by Threat |
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87.3 Instruction—Aggravated Robbery by Causing Serious Bodily Injury |
29.3 Instruction—Aggravated Robbery by Causing Serious Bodily Injury |
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87.4 Instruction—Aggravated Robbery by Threat and Use or Exhibition of Deadly Weapon |
29.4 Instruction—Aggravated Robbery by Threat and Use or Exhibition of Deadly Weapon |
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87.5 Instruction—Aggravated Robbery by Threatening Person Sixty-Five or Older or Disabled Person |
29.5 Instruction—Aggravated Robbery by Threatening Person Sixty-Five or Older or Disabled Person |
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CH. 90 ARSON |
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90.1 Arson Generally |
28.1 Arson Generally |
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90.2 Instruction—Arson of Building, Habitation, or Vehicle within Limits of Incorporated City or Town |
28.2 Instruction—Arson of Building, Habitation, or Vehicle within Limits of Incorporated City or Town |
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90.3 Instruction—Arson of Building, Habitation, or Vehicle |
28.3 Instruction—Arson of Building, Habitation, or Vehicle |
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90.4 Instruction—Arson on Open-Space Land |
28.4 Instruction—Arson on Open-Space Land |
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90.5 Instruction—Arson While Manufacturing Controlled Substance |
28.5 Instruction—Arson While Manufacturing Controlled Substance |
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90.6 Instruction—Arson with Reckless Damage |
28.6 Instruction—Arson with Reckless Damage |
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CH. 91 BURGLARY AND CRIMINAL TRESPASS |
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91.1 Burglary Generally; Culpable Mental States |
30.1 Burglary Generally; Culpable Mental States |
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91.2 Note on Definition of “Habitation” |
30.2 Note on Definition of “Habitation” |
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91.3 Instruction—Burglary of Building by Entry with Intent to Commit Offense |
30.3 Instruction—Burglary of Building by Entry with Intent to Commit Offense |
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91.4 Instruction—Burglary of Building by Entry and Commission of Offense |
30.4 Instruction—Burglary of Building by Entry and Commission of Offense |
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91.5 Instruction—Burglary of Habitation by Entry with Intent to Commit Offense |
30.5 Instruction—Burglary of Habitation by Entry with Intent to Commit Offense |
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91.6 Instruction—Burglary of Building by Entry with Intent to Commit Offense or Entry and Commission of Offense |
30.6 Instruction—Burglary of Building by Entry with Intent to Commit Offense or Entry and Commission of Offense |
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91.7 Statutory Framework of Criminal Trespass |
30.9 Statutory Framework of Criminal Trespass |
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91.8 Lesser Included Offense Analysis and Relationship between Trespass and Burglary |
30.10 Lesser Included Offense Analysis and Relationship between Trespass and Burglary |
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91.9 Culpable Mental State Analysis of Criminal Trespass |
30.11 Culpable Mental State Analysis of Criminal Trespass |
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91.10 Terminology: “Of Another” and “Ownership” |
30.12 Terminology: “Of Another” and “Ownership” |
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91.11 Instruction—Criminal Trespass by Entering Building |
30.13 Instruction—Criminal Trespass by Entering Building |
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91.12 Instruction—Criminal Trespass by Entering Habitation—Class A Misdemeanor |
30.14 Instruction—Criminal Trespass by Entering Habitation—Class A Misdemeanor |
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91.13 Instruction—Criminal Trespass by Remaining in Building |
30.15 Instruction—Criminal Trespass by Remaining in Building |
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CH. 92 THEFT AND RELATED OFFENSES |
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92.1 Statutory Framework |
31.1 Statutory Framework |
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92.2 Instruction—Theft |
31.2 Instruction—Theft |
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92.3 Instruction—Theft by Exercising Control without Consent |
31.3 Instruction—Theft by Exercising Control without Consent |
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92.4 Instruction—Theft by Exercising Control with Consent Obtained by Deception |
31.4 Instruction—Theft by Exercising Control with Consent Obtained by Deception |
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92.5 Instruction—Theft by Exercising Control with Consent Obtained by Coercion |
31.5 Instruction—Theft by Exercising Control with Consent Obtained by Coercion |
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92.6 Instruction—Aggregated Theft |
31.7 Instruction—Aggregated Theft |
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92.7 Instruction—Theft of Services |
31.8 Instruction—Theft of Services |
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92.8 Instruction—Unauthorized Use of Vehicle |
31.9 Instruction—Unauthorized Use of Vehicle |
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92.9 Interest in Property as Defense |
31.10 Interest in Property as Defense |
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92.10 Instruction—Defense of Mistake of Fact |
31.11 Instruction—Defense of Mistake of Fact |
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CH. 93 MISAPPLICATION OF FIDUCIARY PROPERTY |
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93.1 General Comments |
32.25 General Comments on Misapplication of Fiduciary Property |
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93.2 Instruction—Misapplication of Fiduciary Property |
32.26 Instruction—Misapplication of Fiduciary Property |
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CH. 94 CREDIT CARD OR DEBIT CARD ABUSE |
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94.1 General Comments on Credit Card or Debit Card Abuse |
32.10 General Comments on Credit Card or Debit Card Abuse |
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94.2 Instruction—Credit Card or Debit Card Abuse |
32.11 Instruction—Credit Card or Debit Card Abuse |
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CH. 95 FRAUDULENT USE OR POSSESSION OF IDENTIFYING INFORMATION |
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95.1 General Comments on Fraudulent Use or Possession of Identifying Information |
32.40 General Comments on Fraudulent Use or Possession of Identifying Information |
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95.2 Instruction—Fraudulent Use or Possession of Identifying Information—State Jail Felony |
32.41 Instruction—Fraudulent Use or Possession of Identifying Information—State Jail Felony |
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95.3 Instruction—Fraudulent Use or Possession of Identifying Information—Third-, Second-, or First-Degree Felony |
32.42 Instruction—Fraudulent Use or Possession of Identifying Information—Third-, Second-, or First-Degree Felony |
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CH. 96 MONEY LAUNDERING |
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96.1 General Comments on Money Laundering |
34.1 General Comments on Money Laundering |
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96.2 Instruction—Money Laundering |
34.2 Instruction—Money Laundering |
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CH. 97 TRANSPORTATION CODE OFFENSES |
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97.1 General Comments on Failure to Stop and Render Aid |
80.1 General Comments on Failure to Stop and Render Aid |
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97.2 Instruction—Failure to Stop and Render Aid |
80.2 Instruction—Failure to Stop and Render Aid |