LAW SPECIFIC TO THIS CASE

[Insert relevant instructions for specific offense. The following example is for the offense of murder under Texas Penal Code section 19.02(b)(1).]

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

Relevant Statutes

[Insert relevant statutes and definitions units from charged and lesser included offenses. In the following example, the charged offense is murder, under Texas Penal Code section 19.02(b)(1), and the lesser included offenses are manslaughter, under Texas Penal Code section 19.04, and criminally negligent homicide, under Texas Penal Code section 19.05.]

A person commits the offense of murder if the person intentionally or knowingly causes the death of an individual.

A person commits the offense of manslaughter if the person recklessly causes the death of an individual.

A person commits the offense of criminally negligent homicide if the person causes the death of an individual by criminal negligence.

Definitions

Intentionally Causing the Death of an Individual

A person intentionally causes the death of an individual if the person has the conscious objective or desire to cause that death.

Knowingly Causing the Death of an Individual

A person knowingly causes the death of an individual if the person is aware that his conduct is reasonably certain to cause that death.

Recklessly Causing the Death of an Individual

A person recklessly causes the death of an individual if—

1. there is a substantial and unjustifiable risk that his conduct will cause that death;
2. this 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 the circumstances as viewed from the person’s standpoint; and
3. the person is aware of but consciously disregards that risk.

Causing the Death of an Individual by Criminal Negligence

A person causes the death of an individual by criminal negligence if—

1. there is a substantial and unjustifiable risk that his conduct will cause that death;
2. this risk is of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the person’s standpoint; and
3. the person ought to be aware of that risk.

Application of Law to Facts

[Include relevant application of law to facts unit from charged offenses. In the following example, the charged offense is murder, under Texas Penal Code section 19.02(b)(1), and the lesser included offenses are manslaughter, under Texas Penal Code section 19.04, and criminally negligent homicide, under Texas Penal Code section 19.05.]

Although the state has charged the defendant with the offense of murder, you may find the defendant not guilty of that charged offense but guilty of any lesser included offense. In this case, the offenses of manslaughter and criminally negligent homicide are lesser included offenses of the charged and greater offense of murder.

You may discuss the three offenses in any order you choose, starting with the offense of murder or the offense of manslaughter or the offense of criminally negligent homicide.

Before you may find the defendant guilty of either manslaughter or criminally negligent homicide, however, you must first find him “not guilty” of murder.

Before you may find the defendant guilty of criminally negligent homicide, you must find him “not guilty” of murder and manslaughter.

To find the defendant guilty of murder, you must determine whether the state has proved, beyond a reasonable doubt, two elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], caused the death of [name] [insert specific allegations, e.g., by shooting [name] with a gun]; and
2. the defendant did this either intentionally or knowingly.

You must all agree on elements 1 and 2 listed above. If you all agree the state has proved, beyond a reasonable doubt, both of the two elements listed above, you must find the defendant “guilty” of murder and so indicate on the attached verdict form, titled “Verdict—Guilty of Murder.”

If you all agree the state has failed to prove, beyond a reasonable doubt, one or both of elements 1 and 2 listed above, you must find the defendant “not guilty” of murder. You may then determine whether the state has proved, beyond a reasonable doubt, the lesser included offenses of manslaughter or criminally negligent homicide.

To find the defendant guilty of manslaughter, you must determine whether the state has proved, beyond a reasonable doubt, two elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], caused the death of [name] [insert specific allegations, e.g., by shooting [name] with a gun]; and
2. the defendant did this recklessly.

You must all agree on elements 1 and 2 listed above. If you all agree the state has proved, beyond a reasonable doubt, both of the two elements listed above, you must find the defendant “guilty” of manslaughter and so indicate on the attached verdict form, titled “Verdict—Guilty of Manslaughter.”

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

To find the defendant guilty of criminally negligent homicide, you must determine whether the state has proved, beyond a reasonable doubt, two elements. The elements are that—

1. the defendant, in [county] County, Texas, on or about [date], caused the death of [name] [insert specific allegations, e.g., by shooting [name] with a gun]; and
2. the defendant did this by criminal negligence.

You must all agree on elements 1 and 2 listed above. If you all agree the state has proved, beyond a reasonable doubt, both of the two elements listed above, you must find the defendant “guilty” of criminally negligent homicide and so indicate on the attached verdict form, titled “Verdict—Guilty of Criminally Negligent Homicide.”

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

If you believe from the evidence, beyond a reasonable doubt, that the defendant is guilty of either murder or manslaughter, but you have a reasonable doubt about which of these offenses he is guilty of, you must resolve that doubt in the defendant’s favor. In that situation, you must find him guilty of the lesser offense of manslaughter.

Similarly, if you believe from the evidence, beyond a reasonable doubt, that he is guilty of either manslaughter or criminally negligent homicide, but you have a reasonable doubt about which of those offenses he is guilty of, you must resolve that doubt in the defendant’s favor. In that situation, you must find him guilty of the lesser offense of criminally negligent homicide. Of course, if you have a reasonable doubt about whether he is guilty of any of these three offenses, you must acquit the defendant and find him “not guilty.”

[Insert any other instructions raised by the evidence.]

VERDICT—GUILTY OF MURDER

We, the jury, find the defendant, [name], guilty of murder, as charged in the indictment.

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Foreperson of the Jury

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Printed Name of Foreperson

VERDICT—GUILTY OF MANSLAUGHTER

We, the jury, find the defendant, [name], not guilty of murder as charged in the indictment, but guilty of the lesser offense of manslaughter.

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Foreperson of the Jury

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Printed Name of Foreperson

VERDICT—GUILTY OF CRIMINALLY NEGLIGENT HOMICIDE

We, the jury, find the defendant, [name], not guilty of murder as charged in the indictment, and not guilty of the lesser offense of manslaughter, but guilty of the lesser offense of criminally negligent homicide.

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Foreperson of the Jury

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Printed Name of Foreperson

VERDICT—NOT GUILTY

We, the jury, find the defendant, [name], not guilty.

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Foreperson of the Jury

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Printed Name of Foreperson

[Continue with punishment instructions as needed.]