[Insert instructions for underlying offense.]

Presumption of Knowledge

In some cases, Texas law provides for what are called “presumptions.” A “presumption” is simply a 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 knew that the person he allegedly assaulted was a public servant if the state proves, beyond a reasonable doubt, that at the time of the incident, the public servant, [name], was wearing a distinctive uniform or badge indicating his employment as a [insert type of public servant, e.g., police officer].

If you find that the state has proven, beyond a reasonable doubt, that [name] was wearing a distinctive uniform or a badge indicating he was employed as a [insert type of public servant, e.g., police officer] at the time of the alleged assault, then you may infer from this fact that the defendant knew he was a public servant. You are not required to infer this, however, even if you have found that [name] was wearing a distinctive uniform or badge indicating he was a [insert type of public servant, e.g., police officer].

If you have a reasonable doubt about whether [name] was wearing a distinctive uniform or a badge indicating he was employed as a [insert type of public servant, e.g., police officer] at the time of the alleged assault, you may not infer that the defendant knew that he was a public servant. 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 knew that [name] was a public servant.

If you decide to use the presumption, you may find that the defendant knew that [name] was a public servant, but you must still decide, however, whether the state has proven, beyond a reasonable doubt, the other elements of aggravated assault, 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.]