The state accuses the defendant of having committed the offense of unlawful restraint.

Relevant Statutes

A person commits the offense of unlawful restraint if the person intentionally or knowingly restricts a person’s movements without consent, so as to interfere substantially with the person’s liberty, by moving the person from one place to another or by confining the person.

Definitions

Restraint without Consent

Restraint of another is “without consent” if it is accomplished by force, intimidation, or deception.

Intentionally Restricting Another’s Movements

A person intentionally restricts another’s movements by moving the other from one place to another or by confining the other if the person has the conscious objective or desire to restrict the other’s movements and to do so by moving the other from one place to another or by confining that other person.

Knowingly Restricting Another’s Movements

A person knowingly restricts another’s movements by moving the other from one place to another or by confining the other if the person is aware that he is restricting the other’s movements and doing so by moving the other from one place to another or by confining that other person.

Application of Law to Facts

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], intentionally or knowingly restrained [name] by restricting his movements, by either—

   1. moving [name] from one place to another; or
   2. confining [name]; and
2. this was accomplished by force, intimidation, or deception and thus was without consent; and
3. the defendant interfered substantially with [name]’s liberty.

You must all agree on elements 1, 2, and 3 listed above, but you do not have to agree on the method of restraint listed in elements 1.a and 1.b 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, 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.]