The state accuses the defendant of having committed the offense of deadly conduct.

Relevant Statutes

A person commits the offense of deadly conduct if the person knowingly discharges a firearm at or in the direction of one or more individuals.

Definitions

Firearm

“Firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.

[Include the following if applicable.]

“Firearm” does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is—

1. an antique or curio firearm manufactured before 1899, or
2. a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

[Continue with the following.]

Knowingly Discharges a Firearm at or in the Direction of One or More Individuals

A person knowingly discharges a firearm at or in the direction of one or more individuals if the person is aware that he is discharging a firearm at or in the direction of one or more individuals.

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], discharged a firearm at or in the direction of [name]; and
2. the defendant did this knowingly.

You must all agree on elements 1 and 2 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.]