The state accuses the defendant of having committed the offense of abandoning a child.

Relevant Statutes

A person commits the offense of abandoning a child if, having custody, care, or control of a child younger than fifteen years old, he intentionally abandons the child in any place, without intent to return for the child, under circumstances that expose the child to an unreasonable risk of harm.

Such abandonment is not an offense if it consists of a voluntary delivery of the child to a designated emergency infant care provider.

A person is aware of the circumstances of an abandonment when the person knows that those circumstances exist.

Definitions

Abandon

“Abandon” means to leave a child in any place without providing reasonable and necessary care for the child, under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability.

[Include the following if raised by the evidence.]

Custody, Care, or Control

A person has assumed custody, care, or control of a child if the person has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that he has accepted responsibility for protection, food, shelter, and medical care for the child.

[Include the following if raised by the evidence.]

Designated Emergency Infant Care Provider

“Designated emergency infant care provider” means—

1. an emergency medical services provider;
2. a hospital;
3. a freestanding, licensed emergency medical care facility; or
4. a child-placing agency licensed by the Department of Family and Protective Services that—
   1. agrees to act as a designated emergency infant care provider; and
   2. has on staff a person who is licensed as a registered nurse and who will examine and provide emergency medical services to a child taken into possession by the agency.

Intentionally Leaving a Child in Any Place

A person intentionally leaves a child in a place if the person has the conscious objective or desire to leave the child in that place.

Did Not Intend to Return for the Child

A person does not intend to return for a child if the person does not have the conscious objective or desire to return for the child.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, eight elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], intentionally abandoned [name], a child, by intentionally leaving [name] in any place without providing reasonable and necessary care for [name];
2. [name] was younger than fifteen years old;
3. the defendant had, at the time, custody, care, or control of [name];
4. no reasonable, similarly situated adult would have left a child of [name]’s age and ability under the circumstances;
5. the defendant at the time of the abandonment did not intend to return for [name];
6. the circumstances of the abandonment exposed [name] to an unreasonable risk of harm;
7. the defendant was aware of the circumstances of the abandonment; and
8. the defendant’s abandonment of [name] was not a voluntary delivery of [name] to a designated emergency infant care provider.

You must all agree on elements 1 through 8 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1 through 8 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the eight 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.]