The state accuses the defendant of having committed the offense of criminally negligent homicide.

Relevant Statutes

A person commits the offense of criminally negligent homicide if the person causes the death of an individual by criminal negligence.

[Include the following if an instruction on causation is appropriate but no issue of concurrent causation is raised by the facts.]

A person causes the death of another if, but for the person’s conduct, the death of the other would not have occurred.

[Include the following if the facts raise an issue concerning concurrent causation.]

A person causes the death of another if, but for the person’s conduct operating either alone or concurrently with another cause, the death of the other would not have occurred, unless the concurrent cause was clearly sufficient to produce the result and the conduct of the person was clearly insufficient.

Definitions

Causing the Death of an Individual by Criminal Negligence

A person causes the death of an individual by criminal negligence if—

1. there is a substantial and unjustifiable risk that his conduct will cause that death;
2. this risk is of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the person’s standpoint; and
3. the person ought to be aware of that risk.

Application of Law to Facts

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

1. the defendant, in [county] County, Texas, on or about [date], caused the death of [name] [insert specific allegations, e.g., by operating his motor vehicle at an unreasonable speed]; and
2. the defendant did this by criminal negligence.

[Include the following if the jury was instructed in the relevant statutes unit on concurrent causation.]

The state has the burden of proving that the defendant caused the death of [name]. To prove that the defendant caused the death of [name], the state must show, beyond a reasonable doubt, that either—

1. [concurrent cause] did not contribute to causing the death of [name]; or
2. [concurrent cause] was clearly insufficient, by itself, to cause the death of [name]; or
3. the conduct of the defendant was clearly sufficient to cause the death of [name] regardless of [concurrent cause].

[Continue with the following.]

You must all agree on elements 1 and 2 of the offense of criminally negligent homicide listed above.

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

If you all agree the state has proved, beyond a reasonable doubt, both of the two elements listed above, you must find the defendant “guilty.”

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]