[Insert relevant instructions for specific felony. The following example is for the felony of capital murder under Texas Penal Code section 19.03(a)(3).]

The state accuses the defendant of the offense of criminal solicitation.

Relevant Statutes

[Insert relevant statutes and definitions units for charged offense. The following example is for a Texas Penal Code section 15.03 charge, in which the solicitation was to commit capital murder. See Texas Penal Code section 19.03(a)(3).]

A person commits the offense of criminal solicitation if, with intent that a [capital felony/felony of the first degree] be committed, he requests, commands, or attempts to induce another to engage in specific conduct that, under the circumstances surrounding his conduct as the actor believes them to be, would constitute the felony or make the other a party to its commission.

A person may not be convicted under this section on the uncorroborated testimony of the person allegedly solicited.

A person may not be convicted under this section unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor’s intent that the other person act on the solicitation.

[Include the following if raised by the evidence.]

A person may be convicted of solicitation even if the person solicited is not criminally responsible for the felony solicited.

[Include the following if raised by the evidence.]

A person may be convicted of solicitation even if the person solicited has been acquitted, has not been prosecuted or convicted, has been convicted of a different offense or of a different type or class of offense, or is immune from prosecution.

[Include the following if raised by the evidence.]

A person may be convicted of solicitation even if the person belongs to a class of persons that, by definition of the felony solicited, is legally incapable of committing the offense in an individual capacity.

[Include the following if raised by the evidence.]

A person may be convicted of solicitation even if the felony solicited was actually committed.

Sufficiency of Corroboration

In order to convict the defendant you must believe that—

1. the testimony of the person the state contends was solicited, [name of solicited party], is corroborated by evidence other than that given by [name of solicited party];
2. the solicitation was made under circumstances strongly corroborative of the solicitation itself; and
3. the solicitation was made under circumstances strongly corroborative of the defendant’s intent that [name of solicited party] act on the solicitation.

Definitions

Intent That a [Capital Felony/Felony of the First Degree] Be Committed

A person acts with intent that a [capital felony/felony of the first degree] be committed if the person has the conscious objective or desire that someone engage in conduct that, under the circumstances surrounding the conduct as the person believes those circumstances to be, would constitute a [capital felony/felony of the first degree].

Conduct

“Conduct” means an act [or omission] and its accompanying mental state.

Act

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

Capital Murder

A person commits capital murder if he intentionally or knowingly causes the death of an individual for remuneration or the promise of remuneration.

Capital murder is a capital felony.

Intentionally Causing the Death of an Individual

A person intentionally causes the death of an individual if the person has the conscious objective or desire to cause that death.

Knowingly Causing the Death of an Individual

A person knowingly causes the death of an individual if the person is aware that his conduct is reasonably certain to cause that death.

Party to a [Capital Felony/Felony of the First Degree]

A person is a party to a [capital felony/felony of the first degree] if the person does not by his own conduct commit the felony but the offense is committed by another for whose conduct the person is criminally responsible. A person is criminally responsible for an offense committed by the conduct of another if, acting with intent to promote or assist the commission of the offense, the person solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense.

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 15.03 charge, in which the solicitation was to commit capital murder. See Texas Penal Code section 19.03(a)(3).]

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

1. the defendant, in [county] County, Texas, on or about [date], requested, commanded, or attempted to induce [name of solicited party] to induce another, [name of intended final perpetrator], to [insert specific solicited conduct, e.g., intentionally and knowingly cause the death of [name of victim of intended offense] for remuneration or the promise of remuneration];
2. the [conduct/acts] that the defendant requested, commanded, or attempted to induce [name of intended final perpetrator] to do would, under the circumstances surrounding [name of solicited party]’s conduct, as the defendant believed them to be, make [name of solicited party] a party to the commission of a capital felony; and
3. the defendant acted with intent that a capital felony, capital murder, be committed.

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

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

If you all agree that the state has proved, beyond a reasonable doubt, each of the three elements listed above, 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 15.22. If the issue of punishment mitigation by quasi-renunciation should be considered, use the punishment instruction and verdict form at CPJC 15.23.]