[Insert relevant instructions for specific offense. The following example is for when the covered offense is aggravated assault under Texas Penal Code section 22.02.]

The state accuses the defendant of having committed the offense of engaging in organized criminal activity.

[Insert relevant statutes and definitions units for charged offense. The following example is for a Texas Penal Code section 71.02 charge, in which the covered offense is aggravated assault. See Texas Penal Code section 22.02.]

A person commits the offense of engaging in organized criminal activity if, as a member of a criminal street gang, the person conspires to commit one or more of certain criminal offenses, including aggravated assault.

“Criminal street gang” means three or more persons having a common identifying sign or symbol or an identifiable leadership who continuously or regularly associate in the commission of criminal activities.

“Conspired to commit” means that a person agreed with one or more persons that they or one or more of them engage in conduct that would constitute the offense and that person and one or more of them performed an overt act in pursuance of that agreement.

An agreement constituting conspiring to commit conduct may be inferred from the acts of the parties.

Aggravated assault requires proof of two elements. The elements are that—

1. the defendant caused serious bodily injury to another; and
2. the defendant did this—

   [Include applicable mental state(s) as raised by the evidence.]

   1. intending to cause bodily injury to that person;
   2. knowing that he would cause bodily injury to that person; or
   3. with recklessness about whether he would cause bodily injury to that person.

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

“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.

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.

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.

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.

[Include relevant application of law to facts unit for charged offense. The following example is for a Texas Penal Code section 71.02 charge, in which the covered offense is aggravated assault. See Texas Penal Code section 22.02.]

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], conspired to commit aggravated assault; and
2. the defendant did this as a member of a criminal street gang.

You must all agree on elements 1 and 2 listed 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”/next consider whether the defendant is not guilty because of the defense of renunciation].

[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge. If the affirmative defense of renunciation should be considered, use the instruction at CPJC 71.16. If the issue of punishment mitigation by quasi-renunciation should be considered, use the punishment instruction and verdict form at CPJC 71.18 or CPJC 71.19.]