The state accuses the defendant of having committed the offense of terroristic threat.

Relevant Statutes

A person commits the offense of terroristic threat if he threatens to commit an offense involving violence to any person or property with intent to place any person in fear of imminent serious bodily injury.

Definitions

Intent to Place a Person in Fear of Imminent Serious Bodily Injury

A person intends to place another person in fear of imminent serious bodily injury if the person has the conscious objective or desire to cause the other person to be placed in such fear.

Bodily Injury

“Bodily injury” means physical pain, illness, or any impairment of physical condition.

Serious Bodily Injury

“Serious bodily injury” means 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.

[Insert relevant definitions for offense threatened, such as the following definitions.]

Aggravated Assault

A person commits aggravated assault if the person intentionally or knowingly threatens another with imminent bodily injury and uses or exhibits a deadly weapon during the commission of the assault.

Intentionally Threatens Another with Imminent Bodily Injury

A person intentionally threatens another with imminent bodily injury when it is the person’s conscious objective or desire to threaten the other person with imminent bodily injury.

Knowingly Threatens Another with Imminent Bodily Injury

A person knowingly threatens another with imminent bodily injury when the person is aware that he threatens the other person with imminent bodily injury.

Deadly Weapon

“Deadly weapon” means—

1. a firearm; or
2. anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
3. anything actually used by the defendant in a manner making it capable of causing death or serious bodily injury; or
4. anything that the defendant intended to use in a manner that if so used would make it capable of causing death or serious bodily injury.

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], threatened to [insert specific allegations, e.g., commit aggravated assault on [name]];
2. [insert specific allegations, e.g., the aggravated assault on [name]] the defendant threatened to commit involved violence to a person or property; and
3. the defendant made the threat with the intent to place [name] in fear of imminent serious bodily injury.

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

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