LAW SPECIFIC TO THIS CASE

The state accuses the defendant of having committed the offense of capital murder.

Relevant Statutes

A person commits the offense of capital murder if the person intentionally causes the death of an individual in the course of committing or attempting to commit [kidnapping/burglary/robbery/aggravated sexual assault/arson/obstruction or retaliation/terroristic threat].

[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.

[Include definition(s) related to the offense(s) defendant was committing or attempting to commit, such as the following.]

Robbery

A person commits of offense of robbery if, in the course of committing or attempting to commit theft and with intent to obtain or maintain control of the property, the person either—

1. intentionally, knowingly, or recklessly causes bodily injury to another; or
2. intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.

In the Course of Committing or Attempting to Commit Theft

“In the course of committing or attempting to commit theft” means conduct that occurs in an attempt to commit, during the commission of, or in immediate flight after the attempt or commission of theft.

Theft

A person commits the offense of theft if—

1. the person appropriates property;
2. this appropriation was unlawful, in that it was without the property owner’s effective consent, and
3. the person did this with intent to deprive the owner of the property.

Attempt to Commit Theft

A person attempts to commit theft if the person, with the specific intent to commit theft, does an act amounting to more than mere preparation that tends but fails to effect a theft.

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], intentionally caused the death of [name] [insert specific allegations, e.g., by shooting [name] with a gun]; and
2. this was done in the course of committing or attempting to commit [kidnapping/burglary/robbery/aggravated sexual assault/arson/obstruction or retaliation/terroristic threat].

[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];
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 capital murder 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.]