Chapter 6
Culpability
6.11 Instruction—Transferred Intent—Different Person or Property
LAW SPECIFIC TO THIS CASE
[Insert relevant instructions for specific offense. The following example is for when the underlying offense is causing bodily injury to another under Texas Penal Code section 22.01(a)(1).]
The state accuses the defendant of having committed the offense of assault.
Relevant Statutes
[Insert relevant statutes and definitions units from charged offense. The following example is for a Texas Penal Code section 22.01(a)(1) charge.]
A person commits the offense of assault if the person intentionally, knowingly, or recklessly causes bodily injury to another.
Transferred Intent
The state’s accusation is that the defendant intentionally, knowingly, or recklessly caused bodily injury to [name].
A person is criminally responsible for causing a result if the only difference between what the person desired, contemplated, or risked and what actually occurred is that a different person was injured, harmed, or otherwise affected.
Even if the defendant did not intend bodily injury to [name], did not know that bodily injury to [name] would occur, or did not act with recklessness about whether bodily injury to [name] would occur, the defendant is criminally responsible for the injury to [name] if both—
- the defendant intended bodily injury to [name of third person], knew that bodily injury to [name of third person] would occur, or was reckless about whether that bodily injury would occur to [name of third person]; and
- with that culpable mental state caused injury to [name].
Definitions
Bodily Injury
“Bodily injury” means physical pain, illness, or any impairment of physical condition.
Intentionally Causing Bodily Injury
A person intentionally causes bodily injury to another if it is the person’s conscious objective or desire to cause the bodily injury to another.
Knowingly Causing Bodily Injury
A person knowingly causes bodily injury to another if the person is aware that the person’s conduct is reasonably certain to cause the bodily injury to another.
Recklessly Causing Bodily Injury
A person recklessly causes bodily injury to another if the person is aware of but consciously disregards a substantial and unjustifiable risk that the person’s action will cause bodily injury to another. 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
[Include relevant application of law to facts unit from charged offense. The following example is for a Texas Penal Code section 22.01(a)(1) charge.]
You must determine whether the state has proved, beyond a reasonable doubt, two elements. The elements are that—
-
the defendant, in [county] County, Texas, on or about [date], caused bodily injury to [name] by [insert specific allegations, e.g.,
- striking [name] with a stick; or
- slapping [name] with his hand; or
- kicking [name] with his foot]; and
- the defendant did this either—
- intending to cause the injury to [name], knowing that the injury to [name] would be caused, or with recklessness about whether the injury to [name] would be caused; or
- intending to cause an injury to [name of third person], knowing that an injury to [name of third person] would be caused, or with recklessness about whether an injury to [name of third person] would be caused.
You must all agree on elements 1 and 2 listed above, but you do not have to agree on the method of causing bodily injury listed in elements 1.a, 1.b, and 1.c above. Further, you need not all agree on whether the state has proved element 2 by means of element 2.a or 2.b above.
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.”
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.”
[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge.]
Comment
The role of transferred intent in criminal liability is addressed in Tex. Penal Code § 6.04(b). Section 6.04(b)(2) generally applies when the state’s theory is that the charged offense is the same statutory offense for which the accused actually had the required culpable mental state except that the person or property harmed or affected was different than what was anticipated by the accused. The definition of “bodily injury” is from Tex. Penal Code § 1.07(a)(8).
Because of the difficulty of formulating an instruction in purely abstract terms, the above instruction uses simple assault as a vehicle for an instruction in which the state produces evidence showing the defendant accidentally injured the complainant while attempting to assault someone else.
This instruction assumes the state’s evidence supports guilt with or without section 6.04(b)(2) transferred intent. The application of law to facts unit, then, presents these as alternatives.