The state accuses the defendant of having committed the offense of offering to sell a controlled substance.

Relevant Statutes

A person commits the offense of offering to sell a controlled substance if the person knowingly offers to sell a controlled substance [and the amount of the controlled substance is, by aggregate weight, including adulterants or dilutants, [insert specific amount, e.g., one gram or more but less than four grams]].

[Substance] is a controlled substance.

Offering to sell [substance] does not require the state to prove that any particular substance was involved in the events. It does not require the state to prove that any substance shown to have been involved was in fact [substance]. The crime consists of an offer to sell a substance described in the offer as [substance].

Definitions

Knowingly Offering to Sell Controlled Substance

The phrase knowingly offering to sell a controlled substance means a person is aware that he is offering to sell something and aware that what is being offered for sale is a substance that in fact is a controlled substance.

Adulterant or Dilutant

“Adulterant or dilutant” means any material that increases the bulk or quantity of a controlled substance, regardless of its effect on the chemical activity of the controlled substance.

Corroboration

Proof of an offer to sell must be corroborated by either—

1. a person other than the person to whom the offer is made, or
2. evidence other than a statement of the person to whom the offer is made.

If you conclude that the proof of an offer to sell has not been corroborated in either of these ways, you must return a verdict of “not guilty.”

Application of Law to Facts

[Include the following if the offense does not require a minimum weight.]

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

1. the defendant, [name of defendant], offered to sell [substance] to [name of recipient] in [county] County, Texas, on or about [date]; and
2. the defendant knowingly offered to sell a controlled substance.

[Include the following if the offense requires a minimum weight.]

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

1. the defendant, [name of defendant], offered to sell [substance] to [name of recipient] in [county] County, Texas, on or about [date]; and
2. the defendant offered to sell [substance] that was, by aggregate weight, including adulterants or dilutants, [amount] gram[s] or more; and
3. the defendant knowingly offered to sell a controlled substance.

[Continue with the following.]

You must all agree on [both elements 1 and 2/elements 1, 2, and 3] listed above.

If you all agree the state has failed to prove, beyond a reasonable doubt, [either or both of elements 1 and 2/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 [both of the two/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, in Texas Criminal Pattern Jury Charges—General, Evidentiary & Ancillary Instructions.]