The state accuses the defendant of having committed the offense of cruelty to nonlivestock animals.

Relevant Statutes

A person commits the offense of cruelty to nonlivestock animals if the person intentionally, knowingly, or recklessly in a cruel manner [kills/causes serious bodily injury to] an animal.

Conduct coming within the definition of this offense is not a crime if the conduct constituting the offense is either—

1. a generally accepted and otherwise lawful form of conduct occurring solely for the purpose of or in support of—
   1. fishing, hunting, or trapping; or
   2. wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or
2. a generally accepted and otherwise lawful animal husbandry or agriculture practice involving livestock animals.

Definitions

Animal

“Animal” means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.

Cruel Manner

“Cruel manner” includes a manner that causes or permits unjustified or unwarranted pain or suffering.

[Include the following definitions for the “killing” manner of committing the offense.]

Intentionally in a Cruel Manner Killing an Animal

A person intentionally in a cruel manner kills an animal if it is the person’s conscious objective or desire to kill the animal in a cruel manner.

Knowingly in a Cruel Manner Killing an Animal

A person knowingly in a cruel manner kills an animal if the person is aware that he is killing the animal in a cruel manner.

Recklessly in a Cruel Manner Killing an Animal

A person is reckless about whether he is killing an animal in a cruel manner if the person is aware of but consciously disregards a substantial and unjustifiable risk that he is killing the animal in a cruel manner. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise under all the circumstances as viewed from the defendant’s standpoint.

[Include the following definitions for the “causing serious bodily injury” manner of committing the offense.]

Bodily Injury

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

Serious Bodily Injury

“Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Intentionally in a Cruel Manner Causing Serious Bodily Injury

A person intentionally in a cruel manner causes serious bodily injury to an animal if it is the person’s conscious objective or desire to cause serious bodily injury to the animal in a cruel manner.

Knowingly in a Cruel Manner Causing Serious Bodily Injury

A person knowingly in a cruel manner causes serious bodily injury to an animal if the person is aware that the person’s conduct is reasonably certain to cause serious bodily injury to the animal in a cruel manner.

Recklessly in a Cruel Manner Causing Serious Bodily Injury

A person recklessly in a cruel manner causes serious bodily injury to an animal if the person is aware of but consciously disregards a substantial and unjustifiable risk that the person’s action will cause serious bodily injury to the animal in a cruel manner. 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.

Application of Law to Facts

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

1. in [county] County, Texas, on or about [date], the defendant in a cruel manner [killed/caused serious bodily injury to] [insert specifics, e.g., Dog # 1];
2. the defendant did so intentionally, knowingly, or recklessly;
3. [insert specifics, e.g., Dog # 1] was an animal; and
4. the conduct constituting the offense was neither—
   1. a generally accepted and otherwise lawful form of conduct occurring solely for the purpose of or in support of—
      1. fishing, hunting, or trapping; or
      2. wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; nor
   2. a generally accepted and otherwise lawful animal husbandry or agriculture practice involving livestock animals.

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 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”/next consider whether the defendant is not guilty because of the defense of [insert defense]].

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]