The state accuses the defendant of having committed the offense of aggravated robbery.

Relevant Statutes

A person commits the offense of aggravated robbery if, in the course of committing theft and with intent to obtain or maintain control of the property, the person intentionally or knowingly threatens or places another in fear of imminent bodily injury or death and uses or exhibits a deadly weapon.

Definitions

Bodily Injury

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

Intentionally Threaten

A person intentionally threatens another when the person has the conscious objective or desire to threaten the other person.

Knowingly Threaten

A person knowingly threatens another when the person is aware that he threatens another person.

Intentionally Place in Fear

A person intentionally places another in fear when the person has the conscious objective or desire to place the other person in fear.

Knowingly Place in Fear

A person knowingly places another in fear when the person is aware that the person’s conduct is reasonably certain to cause fear in another.

Course of Committing Theft

Conduct is engaged in “in the course of committing theft” if that conduct was engaged in during an attempt to commit, during the commission of, or in immediate flight after the attempt or commission of theft.

Theft

Theft is a criminal offense requiring proof that—

1. the person appropriated property of another;
2. that appropriation was unlawful; and
3. the person did this with the intent to deprive the owner of the property.

[Insert other definitions related to theft as necessary, depending on the facts.]

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 that in the manner of its use or intended use is capable of causing death or serious bodily injury.

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 raised by the evidence.]

“Firearm” does not include a firearm that may have, as an intergral part, a folding knife blade or other characteristics of weapons made illegal by chapter 46 of the Texas Penal Code 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.

Application of Law to Facts

You must determine whether the state has proved, beyond a reasonable doubt, four elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], intentionally or knowingly either—
   1. threatened [name] with imminent bodily injury or death; or
   2. placed [name] in fear of imminent bodily injury or death; and
2. the defendant did this in the course of committing theft of property owned by [name]; and
3. the defendant had the intent to obtain or maintain control of the property that was the subject of the theft; and
4. the defendant used or exhibited a deadly weapon, a firearm.

You must all agree on elements 1, 2, 3, and 4 listed above, but you do not have to agree on whether element 1 is proved by the method listed in 1.a or 1.b 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 four 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.]