Chapter 15
Preparatory Offenses
15.8 Instruction—Attempted Murder
LAW SPECIFIC TO THIS CASE
[Insert relevant instructions for specific offense. The following example is for when the underlying offense is murder under Texas Penal Code section 19.02(b)(1).]
The state accuses the defendant of having committed the offense of attempted murder.
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 murder. See Texas Penal Code section 19.02(b)(1).]
A person commits the offense of attempted murder if the person, with specific intent to commit the murder, does an act that tends but fails to effect the commission of the murder intended.
[Include the following only if the evidence permits a conclusion that the offense was completed.]
A person can be convicted of attempted murder even if the evidence proves the murder was actually committed.
[Continue with the following.]
A person commits the offense of murder if the person intentionally causes the death of an individual.
Definitions
Act
“Act” means a bodily movement [, whether voluntary or involuntary,] [and includes speech].
[Specific Intent/Intent] to Commit a Murder
A person acts with the [specific] intent to commit a murder when the person has the conscious objective or desire to cause the death of another individual.
[Additional definitions may be helpful, such as “murder” (Texas Penal Code section 19.02) and the culpable mental states (Texas Penal Code section 6.03).]
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 murder. See Texas Penal Code section 19.02(b)(1).]
You must decide whether the state has proved, beyond a reasonable doubt, three elements. The elements are that—
- the defendant, [name], in [county] County, Texas, on or about [date], committed the act of [insert specific allegations, e.g., shooting at [name] with a firearm];
- the act of [insert specific allegations, e.g., shooting at [name] with a firearm] amounted to more than mere preparation and tended [include unless the evidence could be construed by the jury as showing the intended offense was actually and successfully completed: but failed] to effect the commission of the murder of [name]; and
- the defendant had the specific intent to [insert specific allegations, e.g., cause the death of [name]].
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 15.9. If the issue of punishment mitigation by quasi-renunciation should be considered, use the punishment instruction and verdict form at CPJC 15.10.]
Comment
Criminal attempt is defined in Tex. Penal Code § 15.01. This instruction is based on an indictment for attempted murder as defined by Tex. Penal Code § 19.02(b)(1). The court will need to modify this instruction depending on the accusation.
In cases where the evidence does not raise an issue that the defendant’s actions may have consisted of only speech (or where there is no voluntariness issue), the definition of “act” in the jury instructions should be appropriately tailored to the facts, i.e., “‘Act’ means a bodily movement.”