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 a [habitation/building/vehicle] and is reckless about whether the [habitation/building/vehicle] is occupied.

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.]

Habitation

“Habitation” means a structure or vehicle that is adapted for the overnight accommodation of persons.

Each separately secured or occupied portion of a structure or vehicle that is adapted for the overnight accommodation of persons is a habitation.

Each structure appurtenant to or connected with a structure or vehicle that is adapted for the overnight accommodation of persons is a habitation.

Building

“Building” means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.

Knowingly Discharges a Firearm at or in the Direction of a [Habitation/Building/Vehicle]

A person knowingly discharges a firearm at or in the direction of a [habitation/building/vehicle] if the person is aware that he is discharging a firearm at or in the direction of a [habitation/building/vehicle].

Reckless about Whether the [Habitation/Vehicle/Building] Is Occupied

A person is reckless about whether the [habitation/vehicle/building] is occupied if—

1. there is a substantial and unjustifiable risk that the [habitation/vehicle/building] is occupied;
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.

Vehicle

“Vehicle” includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except such devices as are classified as “habitations.”

[Include presumption of danger and recklessness if raised by the evidence; see CPJC 22.25.]

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], discharged a firearm at or in the direction of [specify, e.g., the residence of Adam Smith];
2. [specify, e.g., the residence of Adam Smith] was a [habitation/building/vehicle];
3. the defendant discharged the firearm knowingly; and
4. the defendant was reckless about whether the [habitation/building/vehicle] was occupied.

You must all agree on elements 1, 2, 3, and 4 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1, 2, 3, and 4 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.]