The state accuses the defendant of having committed the offense of murder by one of two alternative manners.

Relevant Statutes

A person commits the offense of murder if the person (1) intentionally or knowingly causes the death of an individual or (2) intends to cause serious bodily injury and commits an act clearly dangerous to human life that causes the death of an individual.

[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

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.

Intent to Cause Serious Bodily Injury

A person intends to cause serious bodily injury to another if it is the person’s conscious objective or desire to cause the serious bodily injury to another.

Bodily Injury

“Bodily injury” means physical pain, illness, or any impairment of physical condition.

Serious Bodily Injury

“Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, [two/three] 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 shooting [name] with a gun]; and
2. 1. the defendant did this intentionally or knowingly; or
   2. the defendant intended to cause serious bodily injury and committed an act clearly dangerous to human life that caused the death of [name] [./; and]

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

3. 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 2/1, 2, and 3] listed above, but you do not have to agree on which of elements 2.a or 2.b [or which of elements 3.a, 3.b, or 3.c] that the state may have proven beyond a reasonable doubt.

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

If you all agree the state has proved, beyond a reasonable doubt, each of the [two/three] 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.]