[This instruction is based on French v. State, 563 S.W.3d 228, 233 (Tex. Crim. App. 2018), and Jourdan v. State, 428 S.W.3d 86, 96 (Tex. Crim. App. 2014).]

LAW SPECIFIC TO THIS CASE

The state accuses the defendant of having committed the offense of sexual assault.

Relevant Statutes

A person commits the offense of sexual assault, regardless of whether the person knows the age of the child at the time of the offense, if the person intentionally or knowingly causes the penetration of the sexual organ or anus of a child by any means.

Definitions

Intentionally Causing Penetration

A person intentionally causes the penetration of the sexual organ or anus of another person if the person has the conscious objective or desire to cause that penetration.

Knowingly Causing Penetration

A person knowingly causes the penetration of the sexual organ or anus of another person if the person is aware that his conduct is reasonably certain to cause that penetration.

Child

A child is a person younger than seventeen years old.

[Select one of the following.]

On or about

The indictment alleges that the offense was committed on or about [date]. The state is not required to prove that the alleged offense happened on that exact date. It is sufficient if the state proves that the offense was committed before [date of indictment], the date the indictment was filed.

[or, if raised by the evidence]

On or about

The indictment alleges that the offense was committed on or about [date]. The state is not required to prove that the alleged offense happened on that exact date. It is sufficient if the state proves that the offense was committed after [date of defendant’s seventeenth birthday], the date of the defendant’s seventeenth birthday, and before [date of indictment], the date the indictment was filed.

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], [insert specific allegations, e.g., intentionally or knowingly caused the penetration of [name]’s sexual organ or anus with the defendant’s finger or an unknown object]; and
2. [name] was at the time a child.

For element 1, you do not have to all agree whether the defendant acted intentionally or whether he acted knowingly. You also do not have to agree on how the penetration occurred (i.e., whether by finger, unknown object, or other means). But you must all agree on which orifice the defendant penetrated.

You must all agree on element 2.

With regard to element 2, it does not matter whether the defendant knew the child was younger than seventeen years old at the time of the offense.

If you all agree that 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”/proceed to consider whether the defense of [insert defense, e.g., minimal age difference; marriage; medical care] applies].

[Include defense if raised by the evidence; see CPJC 21.22 through CPJC 21.24. Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]