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 a [person sixty-five years old or older/disabled person] in fear of imminent bodily injury or death.

Definitions

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 the other.

Bodily Injury

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

Disabled Person

A “disabled person” is an individual with a mental, physical, or developmental disability who is substantially unable to protect himself from harm.

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.]

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—
   1. threatened [name] with imminent bodily injury or death; or
   2. placed [name] in fear of imminent bodily injury or death; and
2. [name] was a [person sixty-five years old or older/disabled person]; and
3. the defendant did this in the course of committing theft of property owned by [name]; and
4. the defendant had the intent to obtain or maintain control of the property that was the subject of the theft.

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.]