[Insert relevant instructions for specific offense. The following example is for when the underlying offense was burglary of a building under Texas Penal Code section 30.02.]

The state accuses the defendant of having committed the offense of attempted burglary of a building.

Relevant Statutes

[Insert relevant statutes and definitions units for charged offense. The following example is for a Texas Penal Code section 15.01 charge, in which the underlying offense was burglary of a building. See Texas Penal Code section 30.02.]

A person commits the offense of attempted burglary of a building if the person, with specific intent to commit the burglary, does an act that tends but fails to effect the commission of the burglary intended.

A person commits the offense of burglary of a building if—

1. the person intentionally, knowingly, or recklessly enters a place;
2. the place entered is a building;
3. the building is not then open to the public;
4. the owner of the building did not effectively consent to this entry; and
5. the defendant intends to commit a felony, theft, or an assault.

Definitions

Act

“Act” means a bodily movement [, whether voluntary or involuntary,] [and includes speech].

Specific Intent to Commit Burglary of a Building

A person acts with specific intent to commit burglary of a building when the person has the conscious objective or desire to—

1. enter a building; and
2. commit a felony, theft, or assault.

In addition, it is necessary that—

1. the building was not open to the public, and
2. the owner of the building did not effectively consent to the entry.

[Include definitions of, and related to, those offenses the state contends were intended by the defendant.]

Application of Law to Facts

[Include relevant application of law to facts unit for charged offense. The following example is for a Texas Penal Code section 15.01 charge, in which the underlying offense was burglary of a building. See Texas Penal Code section 30.02.]

You must decide whether the state has proven, beyond a reasonable doubt, three elements. The elements are that—

1. the defendant, [name], in [county] County, Texas, on or about [date], committed the act of [insert specific allegations, e.g., climbing up the awning of a building owned by [name]];
2. the act of [insert specific allegations, e.g., climbing up the awning of a building owned by [name]] amounted to more than mere preparation and tended [include if the evidence could not be construed by the jury as showing the intended offense was actually and successfully completed: but failed] to effect the commission of burglary of the building; and
3. the defendant had the specific intent to commit burglary of a building.

You must all agree on elements 1, 2, and 3 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1, 2, and 3 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the three elements listed above, then you must [find the defendant “guilty”/next consider whether the defendant is not guilty because of the defense of renunciation].

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge. If the affirmative defense of renunciation should be considered, use the instruction at CPJC 15.12. If the issue of punishment mitigation by quasi-renunciation should be considered, use the punishment instruction and verdict form at CPJC 15.13.]