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

The state accuses the defendant of having committed the offense of directing the activities of a criminal street gang.

Relevant Statutes

[Insert relevant statutes and definitions units for charged offense. The following example is for a Texas Penal Code section 71.023 charge, in which the activity of the criminal street gang was to murder. See Texas Penal Code section 19.02(b)(1).]

A person commits the offense of directing the activities of a criminal street gang if the person, as part of the identifiable leadership of a criminal street gang, knowingly finances, directs, or supervises members of a criminal street gang to commit, or conspire to commit, one or more of certain criminal offenses, including murder.

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

Definitions

Criminal Street Gang

“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.

Knowingly Financing, Directing, or Supervising the Commission of, or Conspiracy to Commit, an Offense

A person knowingly finances, directs, or supervises the commission of, or a conspiracy to commit, a criminal offense when the person is aware that his actions constitute financing, directing, or supervising the commission of, or a conspiracy to commit, the criminal offense.

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 may be inferred from the acts of the parties.

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.

[Additional definitions may be helpful, such as the culpable mental states (Texas Penal Code section 6.03).]

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 71.023 charge, in which the activity of the criminal street gang was to murder. See Texas Penal Code section 19.02(b)(1).]

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

1. in [county] County, Texas, on or about [date], [names], members of a criminal street gang, committed, or conspired to commit, the murder of [name]; and
2. the defendant knowingly financed, directed, or supervised the commission of, or conspiracy to commit, the murder of [name]; and
3. the defendant did this as part of the identifiable leadership of a criminal street gang.

You must all agree on elements 1, 2, and 3 listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, one or more 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.]