[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, with the intent to establish, maintain, or participate in a combination or in the profits of a combination, the person commits or conspires to commit one or more of certain criminal offenses, including aggravated assault.

A person acts with “intent to establish, maintain, or participate in a combination, or in the profits of a combination” if the person has the conscious objective or desire to establish, maintain, or participate in a combination or in the profits of a combination.

“Combination” means three or more persons who collaborate in carrying on criminal activities.

[Insert the following if raised by the evidence.]

A combination may exist although the participants may not know each other’s identities.

[Insert the following if raised by the evidence.]

A combination may exist although membership in the combination changes from time to time.

[Insert the following if raised by the evidence.]

A combination may exist although the participants stand in a wholesaler-retailer or other arm’s-length relationship in illicit distribution operations.

Conspired to Commit

“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.

Profits

“Profits” means property constituting or derived from any proceeds obtained, directly or indirectly, from [insert those offenses from Texas Penal Code section 71.02(a) raised by the evidence].

Aggravated Assault

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

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

Serious Bodily Injury

“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.

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 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.]

First you must determine whether the state has proved, beyond a reasonable doubt, the two elements of organized criminal activity by committing aggravated assault. The elements of organized criminal activity by committing aggravated assault are that—

1. the defendant, in [county] County, Texas, on or about [date], committed aggravated assault; and
2. the defendant did this with the intent to establish, maintain, or participate in a combination or in the profits of a combination.

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 organized criminal activity by committing aggravated assault and so indicate on the attached verdict form, titled “Verdict—Guilty of Organized Criminal Activity by Committing Aggravated Assault.”

If you all agree the state has failed to prove, beyond a reasonable doubt, one or both of elements 1 and 2 listed above, or if you cannot agree on whether the state has proved, beyond a reasonable doubt, both of the two elements listed above, you must next determine whether the state has proved, beyond a reasonable doubt, the two elements of organized criminal activity by conspiring to commit aggravated assault.

The elements of organized criminal activity by conspiring to commit aggravated assault are that—

1. the defendant, in [county] County, Texas, on or about [date], conspired to commit aggravated assault; and
2. the defendant did this with the intent to establish, maintain, or participate in a combination or in the profits of a combination.

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 organized criminal activity by conspiring to commit aggravated assault and so indicate on the attached verdict form, titled “Verdict—Guilty of Organized Criminal Activity by Conspiring to Commit Aggravated Assault.”

If you all agree the state has failed to prove, beyond a reasonable doubt, either organized criminal activity by committing aggravated assault or organized criminal activity by conspiring to commit aggravated assault, you must find the defendant “not guilty.”

If you believe from the evidence, beyond a reasonable doubt, that the defendant is guilty of either organized criminal activity by committing aggravated assault on the one hand or organized criminal activity by conspiring to commit aggravated assault on the other hand, but you have a reasonable doubt which offense he is guilty of, then you must resolve that doubt in the defendant’s favor and find him guilty of organized criminal activity by conspiring to commit aggravated assault.

If you have a reasonable doubt as to whether the defendant is guilty of any offense defined in this instruction, you must find the defendant “not guilty.”

VERDICT—GUILTY OF ORGANIZED CRIMINAL ACTIVITY BY COMMITTING AGGRAVATED ASSAULT

We, the jury, find the defendant, [name], guilty of organized criminal activity by committing aggravated assault, as charged in the indictment.

________________________________
Foreperson of the Jury

________________________________
Printed Name of Foreperson

VERDICT—GUILTY OF ORGANIZED CRIMINAL ACTIVITY BY CONSPIRING TO COMMIT AGGRAVATED ASSAULT

We, the jury, find the defendant, [name], guilty of organized criminal activity by conspiring to commit aggravated assault, as charged in the indictment.

________________________________
Foreperson of the Jury

________________________________
Printed Name of Foreperson

VERDICT—NOT GUILTY

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

________________________________
Foreperson of the Jury

________________________________
Printed Name of Foreperson