The state accuses the defendant of having committed the offense of boating while intoxicated with a child passenger.

Relevant Statutes

A person commits the offense of boating while intoxicated with a child passenger if the person is intoxicated while operating a watercraft with a child passenger.

[Include the following if raised by the evidence.]

If a person by the use of medication renders himself more susceptible to the influence of alcohol than he otherwise would have been and by reason thereof became intoxicated from recent use of alcohol, he would be in the same position as though his intoxication was produced by the use of alcohol alone.

[Include the following if raised by the evidence.]

[Substance] is a [controlled substance/drug/dangerous drug].

Definitions

Intoxicated

“Intoxicated” means either (1) not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or (2) having an alcohol concentration of 0.08 or more.

Alcohol Concentration

“Alcohol concentration” means the number of grams of alcohol per 210 liters of breath, 100 milliliters of blood, or 67 milliliters of urine.

Watercraft

“Watercraft” means a vessel, one or more water skis, an aquaplane, or another device used for transportation or carrying a person on water, other than a device propelled only by the current of the water.

Application of Law to Facts

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

1. the defendant operated a watercraft in [county] County, Texas, on or about [date]; and
2. the defendant did this while intoxicated, by either—
   1. not having the normal use of mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, or a combination of two or more of those substances into the body; or
   2. by having an alcohol concentration of 0.08 or more; and
3. the watercraft was occupied by a passenger who was younger than fifteen years of age on the date listed in element 1 above.

You must all agree on elements 1, 2, and 3 listed above, but you do not have to agree on the method of intoxication listed in elements 2.a and 2.b above.

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

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