The state accuses the defendant of having committed the offense of tampering with or fabricating physical evidence by failing to report a human corpse.

Relevant Statutes

A person commits the offense of tampering with or fabricating physical evidence by failing to report a corpse if he observes a human corpse under circumstances in which a reasonable person would believe that an offense has been committed, knows or reasonably should know that a law enforcement agency is not aware of the existence or location of the corpse, and fails to report the existence or location of the corpse to a law enforcement agency.

Definitions

Human Corpse

“Human corpse” includes any portion of a human corpse, the cremated remains of a human corpse, or any portion of the cremated remains of a human corpse.

Knew that a Law Enforcement Agency Was Not Aware of the Existence or Location of the Corpse

“Knew that a law enforcement agency was not aware of the existence or location of the corpse” means that the person was aware that a law enforcement agency was not aware of the existence or location of the corpse.

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], observed a human corpse; and
2. the circumstances were such that a reasonable person would believe that an offense had been committed; and
3. the defendant [knew/reasonably should have known] that a law enforcement agency was not aware of the existence or location of the corpse; and
4. the defendant failed to report the existence of and location of the corpse to a law enforcement agency.

You must all agree on elements 1, 2, 3, and 4 listed above.

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