[Insert instructions for underlying offense.]

Presumption of Recklessness

In some cases, Texas law provides for what are called “presumptions.” A “presumption” is simply a legal conclusion that you may, but are not required to, reach when the state proves, beyond a reasonable doubt, an underlying fact.

In this case, the law provides for a presumption that the defendant was reckless and that his conduct placed another in danger if he knowingly pointed a firearm at or in the direction of another person, whether or not he believed the firearm was loaded.

If you find the state has proven, beyond a reasonable doubt, that the defendant knowingly pointed a firearm at or in the direction of [name], you may infer from this fact that he was reckless and that his conduct placed [name] in danger, regardless of whether he believed the firearm was unloaded. You are not required to infer this, however, even if you find that he knowingly pointed a firearm at or in the direction of [name].

If you have a reasonable doubt about whether the defendant knowingly pointed a firearm at or in the direction of [name], you may not infer that he was reckless or that his conduct placed [name] in danger. The presumption does not apply in such a case, and you must not consider it for any purpose.

If you decide that the presumption does not apply, or that you do not wish to apply it, you must decide whether other evidence—not including the presumption—proves beyond a reasonable doubt that the defendant was reckless and that his conduct placed [name] in danger.

If you decide to use the presumption, you may find that the defendant was reckless, and that his conduct placed [name] in danger, but you must still decide, however, whether the state has proven, beyond a reasonable doubt, the other elements of the offense of deadly conduct, as listed above.

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]