[Insert instructions for underlying offense.]

If you all agree the state has proved, beyond a reasonable doubt, each of the [number] elements listed above, you must next consider whether the defendant is not guilty because his use of force was justified by self-defense.

Self-Defense

A person’s use of force against another that constitutes the crime of [offense] is justified by self-defense if the person reasonably believed the force used was immediately necessary to protect the person against the other’s use [or attempted use] of unlawful force.

Provoking the Use or Attempted Use of Force

To prove that the defendant provoked the other, the state must show that—

1. the defendant did some acts or used some words that caused the other person to attack the defendant; and
2. the acts or words by the defendant were reasonably calculated to provoke the attack; and
3. the defendant did the acts or used the words for the purpose and with the intent that the defendant would have a pretext for inflicting harm on the other person.

[Substitute the following for element 3 above if the prosecution is for an offense involving deadly force.]

3. the defendant did the acts or used the words for the purpose and with the intent that the defendant would have a pretext for killing the other person or inflicting serious bodily injury on him.

[Include the following if the facts present a question about whether the -defendant made an approach to seek an explanation and neither establish that the defendant was illegally armed nor raise a jury issue on that matter. Do not use if the jury could only conclude that the defendant was illegally armed.]

A person has a right to approach another person for the purpose of seeking an explanation from or a discussion with that other person concerning their differences. If the person reasonably fears an unlawful attack from the other, the person has a right to arm himself for purposes of protecting himself from the other person. Such action in seeking out the other, even while armed, does not constitute provocation as would deprive the person of the right to defend himself. It does not in any other way affect the person’s right to use force in self-defense.

[Include the following if the facts raise a jury issue about whether the -defendant approached the complainant to seek a discussion of differences while armed in violation of the Penal Code.]

However, a person who seeks an explanation from or a discussion with another person concerning differences between them cannot use force in self-defense while either—

1. the person is carrying a weapon in violation of section 46.02 of the Texas Penal Code; or
2. the person is possessing or transporting a weapon in violation of section 46.05 of the Texas Penal Code.

[Include any of the following if the facts raise a jury issue about whether the defendant violated one or more of these provisions.]

Section 46.02 of the Texas Penal Code prohibits a person younger than twenty-one years of age from intentionally, knowingly, or recklessly carrying on or about the person a handgun if the person is neither—

1. on the person’s own premises or premises under the person’s control; nor
2. inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control.

Section 46.02 of the Texas Penal Code prohibits a person from intentionally, knowingly, or recklessly carrying on or about the person a handgun, and in the five-year period preceding the carrying of the handgun, the person was convicted of an offense under section 22.01(a)(1) (assault by causing bodily injury), 22.05 (deadly conduct), 22.07 (terroristic threat), 42.01(a)(7), or 42.01(a)(8) (disorderly conduct) of the Texas Penal Code if the person is neither—

1. on the person’s own premises or premises under the person’s control; nor
2. inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control.

Section 46.02 of the Texas Penal Code prohibits a person from intentionally, knowingly, or recklessly carrying on or about the person a handgun in a motor vehicle or watercraft that is owned by the person or under the person’s control if the handgun is in plain view, unless the person is—

1. twenty-one years of age or older and the handgun is carried in a holster; or
2. licensed to carry a handgun under chapter 411, subchapter H, of the Texas Government Code and the handgun is carried in a holster.

Section 46.02 of the Texas Penal Code prohibits a person from intentionally, knowingly, or recklessly carrying on or about the person a handgun in a motor vehicle or watercraft that is owned by the person or under the person’s control if the person is—

1. engaged in criminal activity other than a class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating, or
2. prohibited by law from possessing a firearm.

Section 46.02 of the Texas Penal Code prohibits a person from carrying a handgun and intentionally displaying the handgun in plain view of another person in a public place, unless the handgun was carried in a holster.

Section 46.02 of the Texas Penal Code prohibits a person from carrying a handgun while the person is intoxicated, as long as the person is not—

1. on the person’s own property or property under the person’s control or on private property with the consent of the owner of the property, or
2. inside of or directly en route to a motor vehicle or watercraft (a) that is owned by the person or under the person’s control, (b) with the consent of the owner or operator of the vehicle or watercraft.

Section 46.02 of the Texas Penal Code prohibits a person from intentionally, knowingly, or recklessly carrying on or about the person a handgun—

1. if the person is neither—
1. on the person’s own premises or premises under the person’s control; nor
2. inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control; and
2. if the person had been previously convicted of a felony and the person carried the handgun—
1. before the fifth anniversary of the person’s release from confinement, community supervision, parole, or mandatory supervision, whichever date is later; or
2. after the fifth anniversary of the person’s release from confinement, community supervision, parole, or mandatory supervision, whichever date is later, if the person carried the handgun at a location other than the premises at which the person lived.

Section 46.02 of the Texas Penal Code prohibits a person from intentionally, knowingly, or recklessly carrying on or about the person a handgun—

1. if the person is neither—
1. on the person’s own premises or premises under the person’s control; nor
2. inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control; and
2. if the person had been previously convicted of a class A misdemeanor offense of assault under section 22.01 of the Texas Penal Code, and—
1. the assault was committed against a member of the person’s family or household; and
2. the person carried the handgun before the fifth anniversary of the person’s release from confinement or community supervision, whichever date is later.

Section 46.02 of the Texas Penal Code prohibits a person from intentionally, knowingly, or recklessly carrying on or about the person a handgun—

1. if the person is neither—
1. on the person’s own premises or premises under the person’s control; nor
2. inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control; and
2. if the person is subject to an order issued under section 6.504, chapter 85, or chapter 88 of the Texas Family Code or article 17.292 or chapter 7B, subchapter A, of the Texas Code of Criminal Procedure; and the person carried the handgun after having received notice of the order and before expiration of the order; and the person was not a full-time peace officer.

[Include if applicable.]

Section 46.02 of the Texas Penal Code does not apply to a person who is carrying—

1. a license to carry a handgun issued under chapter 411, subchapter H, of the Texas Government Code, and
2. a handgun that is concealed or that is in a holster.

[Continue with the following if the facts raise a jury issue about whether the defendant violated this provision.]

Section 46.05 of the Texas Penal Code prohibits a person from possessing or transporting a [specify weapon].

[Continue with the following.]

You must consider whether the state has proved, beyond a reasonable doubt, that the defendant approached another person for the purpose of seeking an explanation from or a discussion with that other person concerning their differences while in violation of the Penal Code. If the state has proved this, you should not apply a general rule that approaching another person, even while armed, for the purpose of seeking an explanation from or a discussion with that other person concerning their differences does not constitute provocation as would deprive the person of the right to defend himself.

You must still determine whether the state has proved, beyond a reasonable doubt, that the defendant provoked the other person. In making this determination, however, you are not to assume that the defendant’s approach to the other person is necessarily not provocation.

Burden of Proof

The defendant is not required to prove self-defense. Rather, the state must prove, beyond a reasonable doubt, that self-defense does not apply to the defendant’s conduct.

Definitions

Reasonable Belief

“Reasonable belief” means a belief that an ordinary and prudent person would have held in the same circumstances as the defendant.

Handgun

“Handgun” means any firearm that is designed, made, or adapted to be fired with one hand.

Application of Law to Facts

To decide the issue of self-defense, you must determine whether the state has proved, beyond a reasonable doubt, one of the following elements. The elements are that—

1. the defendant did not believe his use of force was immediately necessary to protect himself against [name]’s use [or attempted use] of unlawful force; or
2. the defendant’s belief was not reasonable; or
3. the defendant provoked [name]’s use [or attempted use] of unlawful force.

[Substitute the following for element 3 above if the evidence raises -abandonment or communication of a desire to abandon the attack.]

3. the defendant—

   1. provoked [name]’s use [or attempted use] of unlawful force; and
   2. did not—
      1. abandon the encounter with [name]; or
      2. reasonably believe he could not safely abandon the encounter and communicate his desire to abandon the encounter with [name].

[Substitute the following for element 3 above if the evidence raises -abandonment or communication of a desire to abandon the attack and a -continuing response attack.]

3. both—
   1. the defendant provoked [name]’s use [or attempted use] of unlawful force; and
   2. either—
      1. the defendant did not abandon the encounter or reasonably believe he could not safely abandon the encounter and communicate his desire to abandon the encounter; or
      2. [although the defendant may have abandoned the encounter or communicated his desire to do so,] the other person did not continue or attempt to continue to use unlawful force against the defendant after the defendant’s abandonment or communication of the desire to abandon the encounter.

You must all agree that the state has proved, beyond a reasonable doubt, either element 1, 2, or 1 listed above. You need not agree on which of these elements the state has proved.

If you find that the state has failed to prove, beyond a reasonable doubt, either element 1, 2, or 1 listed above, you must find the defendant “not guilty.”

If you all agree the state has proved, beyond a reasonable doubt, each of the elements of the offense of [insert specific offense], and you all agree the state has proved, beyond a reasonable doubt, either element 1, 2, or 1 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.]