LAW SPECIFIC TO THIS CASE

The state accuses the defendant of having committed the offense of possession of a firearm while having a prior conviction for domestic assault.

Relevant Statutes

A person commits the offense of possession of a firearm while having a prior conviction for domestic assault if he intentionally, knowingly, or recklessly possesses a firearm and, at the time of the offense, he had been convicted of the class A misdemeanor offense of assault that involved a member of the defendant’s family or household, and the defendant possessed the firearm before the fifth anniversary of [the later of] [choose only what was pleaded by the state: the date of the defendant’s release from confinement following conviction for the assault/[or] the date of the defendant’s release from community supervision following conviction for the assault].

Definitions

Affinity

Two individuals are related to each other by affinity if they are married to each other or the spouse of one of the individuals is related by consanguinity to the other individual, and the ending of a marriage by divorce or the death of a spouse ends relationships by affinity created by that marriage unless a child of that marriage is living, in which case the marriage is considered to continue as long as a child of that marriage lives.

Consanguinity

Two individuals are related to each other by consanguinity if one is a descendant of the other or they share a common ancestor, and an adopted child is considered to be a child of the adoptive parent for this purpose.

Family

“Family” includes (1) individuals related by consanguinity or affinity, (2) individuals who are former spouses of each other, (3) individuals who are the parents of the same child, without regard to marriage, and (4) a foster child and foster parent, without regard to whether those individuals reside together.

Firearm

A “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 applicable.]

“Firearm” does not include a firearm that may have, as an integral part, a folding knife blade 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.

[Continue with the following.]

Household

“Household” means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.

Member of a Household

“Member of a household” includes a person who previously lived in a household.

Possession

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

Intentionally Possessing a Firearm

A person intentionally possesses a firearm if the person has the conscious objective or desire to possess the firearm.

Knowingly Possessing a Firearm

A person knowingly possesses a firearm if the person is aware that he is possessing a firearm.

Recklessly Possessing a Firearm

A person recklessly possesses a firearm if the person is aware of the substantial and unjustifiable risk that he is possessing a firearm but consciously disregards that risk, and the risk is 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 of the circumstances, as viewed from the person’s standpoint.

Knowing that the Person Has Been Convicted of the Class A Misdemeanor Offense of Assault Involving a Member of the Person’s Family or Household

A person knows that he has been convicted of the class A misdemeanor offense of assault involving a member of the person’s family or household if the person is aware that he has a prior conviction for the offense of class A misdemeanor assault involving a member of the person’s family or household.

Reckless about whether the Person Has Been Convicted of the Class A Misdemeanor Offense of Assault Involving a Member of the Person’s Family or Household

A person is reckless about whether he has been convicted of the class A misdemeanor offense of assault involving a member of the person’s family or household if the person is aware of the substantial and unjustifiable risk that he has a prior conviction for the class A misdemeanor offense of assault involving a member of the person’s family or household but consciously disregards that risk, and the risk is 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 of the circumstances, as viewed from the person’s standpoint.

Application of Law to Facts

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

1. the defendant, in [county] County, Texas, on or about [date], possessed a firearm;
2. the defendant did this either intentionally, knowingly, or recklessly;
3. at the time of possessing the firearm, the defendant had been convicted of the class A misdemeanor offense of assault on [date], in [cause number], in [court], in [county] County, Texas;
4. the assault involved a member of the defendant’s family or household;
5. at the time of possessing the firearm, the defendant knew that, or was reckless about whether, he had a prior conviction for the class A misdemeanor offense of assault involving a member of the defendant’s family or household; and
6. the defendant carried the handgun before the fifth anniversary of [the later of] [choose only that which the state has pleaded: the date of the defendant’s release from confinement following the conviction for the assault/[or] the date of the defendant’s release from community supervision following conviction for the assault].

You must all agree on the elements 1 through 6 listed above.

If you all agree that the state has failed to prove, beyond a reasonable doubt, any one of elements 1 through 6 listed above, you must find the defendant “not guilty.”

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