The state accuses the defendant of having committed the offense of burglary.

Relevant Statutes

A person commits the offense of burglary if the person, without the effective consent of the owner, enters a [building/portion of a building] not then open to the public either (1) with intent to commit a felony, theft, or an assault; or (2) commits or attempts to commit a felony, theft, or an assault.

Definitions

Building

“Building” means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.

Owner

“Owner” means a person who has—

1. title to the property; or
2. possession of the property, whether lawful or not; or
3. a greater right to possession of the property than the defendant.

Possession

“Possession” means actual care, custody, control, or management.

Enter a Place

“Enter a place” means to intrude into the place either (1) any part of the body or (2) any physical object connected with the body.

Consent

“Consent” means assent in fact, whether express or apparent.

Effective Consent

[Include relevant parts of definition as raised by the evidence.]

“Effective consent” includes consent by a person legally authorized to act for the owner. Consent is not effective if it is—

1. induced by force, threat, or fraud;
2. given by a person the actor knows is not legally authorized to act for the owner;
3. given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or
4. given solely to detect the commission of an offense.

Knew the Owner of the Building Did Not Effectively Consent to His Entry

A person knows the owner of the building did not effectively consent to his entry into the building if he is aware the owner of the building did not effectively consent.

Was Reckless as to Whether the Owner Effectively Consented to His Entry

A person is reckless as to whether the owner of the building did effectively consent to his entry into the building when he is aware of but consciously disregards a substantial and unjustifiable risk that the owner has not effectively consented. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.

Intentionally Enter a Place

A person intentionally enters a place when the person has the conscious objective or desire to enter the place.

Knowingly Enter a Place

A person knowingly enters a place when the person is aware that the person is entering the place.

With Intent to Commit a Felony, Theft, or an Assault

A person intends to commit a felony, theft, or an assault when the person has the conscious objective or desire to commit the felony, theft, or assault.

[Insert definitions appropriate for offense intended at the time of entry or committed after entry, which might include, among others, the following.]

Theft

Theft is a criminal offense requiring proof that—

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

Attempt to Commit Theft

Conduct is engaged in during an attempt to commit theft if at the time of the conduct the person has the intent to commit theft and engages in an act pursuant to that intent amounting to more than mere preparation to commit theft.

Application of Law to Facts

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

1. the defendant, in [county] County, Texas, on or about [date], intentionally or knowingly entered a place, specifically [insert specific address]; and
2. the place entered was a [building/portion of a building] owned by [name]; and
3. the [building/portion of the building] was not then open to the public; and
4. [name], the owner of the [building/portion of the building], did not effectively consent to this entry; and
5. the defendant knew the owner did not effectively consent to his entry or was reckless as to whether the owner effectively consented to his entry; and
6. either—
   1. the defendant intended to commit [insert specific offense, e.g., theft]; or
   2. the defendant [committed/attempted to commit] [insert specific offense, e.g., theft].

You must all agree on elements 1, 2, 3, 4, 5, and 6 listed above, but you do not have to agree on element 6.a or 6.b listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more of elements 1, 2, 3, 4, 5, and 6 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the five 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.]