The state accuses the defendant of having committed the offense of injury to a child by act.

Relevant Statutes

A person commits the offense of intentional or knowing injury to a child if he intentionally or knowingly by an act causes serious bodily injury to a child.

A person commits the offense of reckless injury to a child if he recklessly by an act causes serious bodily injury to a child.

Definitions

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.

Intentionally Causing Serious Bodily Injury

A person intentionally causes serious bodily injury to a child if the person has the conscious objective or desire to cause that serious bodily injury to the child.

Knowingly Causing Serious Bodily Injury

A person knowingly causes serious bodily injury to a child if the person is aware that his conduct is reasonably certain to cause that serious bodily injury to the child.

Recklessly Causing Serious Bodily Injury

A person recklessly causes serious bodily injury to a child if—

1. there is a substantial and unjustifiable risk that his conduct will cause that serious bodily injury to the child;
2. this risk is of such a nature and degree that its disregard 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 is aware of but consciously disregards that risk.

Application of Law to Facts

Although the state has charged the defendant with the offense of intentional or knowing injury to a child, you may find the defendant not guilty of that charged offense but guilty of a lesser included offense. In this case, the offense of reckless injury to a child is a lesser included offense of the charged and greater offense of intentional or knowing injury to a child.

You may discuss the two offenses in any order you choose, starting with the offense of intentional or knowing injury to a child or the offense of reckless injury to a child.

[Select one of the following. If using the “acquittal first” approach to lesser included offenses, select the first option. If using the “reasonable effort” approach to lesser included offenses, select the second option.]

Before you may find the defendant guilty of reckless injury to a child, however, you must first find him “not guilty” of intentional or knowing injury to a child.

[or]

In deciding the defendant’s guilt or innocence, however, you should first address whether the state has proved the charged offense of intentional or knowing injury to a child. If you find the defendant guilty of intentional or knowing injury to a child, you should so indicate on the verdict form, and your task is ended.

[Continue with the following.]

To find the defendant guilty of intentional or knowing injury to a child, you must determine whether the state has proved, beyond a reasonable doubt, five elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], [insert act, e.g., struck [name] with his fist];
2. the defendant [insert act, e.g., by striking [name] with his fist] caused bodily injury to [name];
3. [name] was a child fourteen years old or younger;
4. the injury caused to [name] was serious bodily injury; and
5. the defendant—
   1. intended to cause serious bodily injury to [name]; or
   2. knew he would cause serious bodily injury to [name].

You must all agree on elements 1 through 5 listed above, but you do not have to agree on the culpable mental states listed in elements 5.a and 5.b above.

If you all agree the state has proved, beyond a reasonable doubt, each of the five elements listed above, you must find the defendant “guilty” of intentional or knowing injury to a child and so indicate on the attached verdict form, titled “Verdict—Guilty of Intentional or Knowing Injury to a Child.”

[Select one of the following. If using the “acquittal first” approach to lesser included offenses, select the first option. If using the “reasonable effort” approach to lesser included offenses, select the second option.]

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1 through 5 listed above, you must find the defendant “not guilty” of intentional or knowing injury to a child. You may then determine whether the state has proved, beyond a reasonable doubt, the lesser included offense of reckless injury to a child.

[or]

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1 through 5 listed above, you must find the defendant “not guilty” of intentional or knowing injury to a child. If you find the defendant is not guilty of intentional or knowing injury to a child, or if after all reasonable efforts to do so, you are not able to reach a unanimous verdict on the charged offense of intentional or knowing injury to a child, you should next address whether the state has proved the lesser included offense of reckless injury to a child. If you find the defendant guilty of reckless injury to a child, you should so indicate on the appropriate verdict form, and your task is ended.

[Continue with the following.]

To find the defendant guilty of reckless injury to a child, you must determine whether the state has proved, beyond a reasonable doubt, five elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], [insert act, e.g., struck [name] with his fist];
2. the defendant [insert act, e.g., by striking [name] with his fist] caused bodily injury to [name];
3. [name] was a child fourteen years old or younger;
4. the injury caused to [name] was serious bodily injury; and
5. the defendant was reckless about whether he would cause serious bodily injury to [name].

You must all agree on elements 1 through 5 listed above.

If you all agree that the state has proved, beyond a reasonable doubt, all five elements listed above, you must find the defendant “guilty” of reckless injury to a child and so indicate on the attached verdict form, titled “Verdict—Guilty of Reckless Injury to a Child.”

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1 through 5 listed above, you must find the defendant “not guilty” of reckless injury to a child.

If you believe from the evidence, beyond a reasonable doubt, that the defendant is guilty of either intentional or knowing injury to a child on the one hand or reckless injury to a child on the other, but you have a reasonable doubt about which of these offenses he is guilty, you must resolve that doubt in the defendant’s favor. In that situation, you must find him guilty of the lesser offense of reckless injury to a child. Of course, if you have a reasonable doubt about whether he is guilty of intentional or knowing injury to a child and you have a reasonable doubt about whether he is guilty of reckless injury to a child, you must acquit the defendant and find him “not guilty.”

[Insert any other instructions raised by the evidence.]

VERDICT—GUILTY OF INTENTIONAL OR KNOWING INJURY TO A CHILD

We, the jury, find the defendant, [name], guilty of intentional or knowing injury to a child, as charged in the indictment.

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Foreperson of the Jury

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Printed Name of Foreperson

VERDICT—GUILTY OF RECKLESS INJURY TO A CHILD

We, the jury, find the defendant, [name], guilty of the lesser offense of reckless injury to a child.

________________________________
Foreperson of the Jury

________________________________
Printed Name of Foreperson

VERDICT—NOT GUILTY

We, the jury, find the defendant, [name], not guilty.

________________________________
Foreperson of the Jury

________________________________
Printed Name of Foreperson