PJC Business

PJC 115.40

D AMAGES

A person acts intentionally, or with intent, with respect to a result of his conduct when it is his conscious objective or desire to cause the result. If the gravamen of an offense is the nature of the conduct, the definition of “inten tionally” might be modified as follows: A person acts intentionally, or with intent, with respect to the nature of his conduct when it is his conscious objective or desire to engage in the conduct. Because section 41.008(d) does not indicate whether the definition of “intention ally” as narrowed in these examples should be used, and civil courts have not spoken on the issue, the Committee has adopted the complete statutory definition of intention ally from Tex. Penal Code § 6.03(a) for use in the charge. Alternative language for “sign.” In an appropriate case, the word execute may be substituted for the word sign. See Tex. Penal Code § 32.46(a). Alternative language for “property.” In an appropriate case, the term service or the pecuniary interest of any person may be substituted for the word property . See Tex. Penal Code §32.46(a)(1). If service is substituted for property , the following defini tion should be substituted: “Service” includes: (a) labor and professional service; (b) telecom munication, public utility, and transportation service; (c) lodging, restaurant service, and entertainment; and (d) the supply of a motor vehicle or other property for use. Tex. Penal Code § 32.01(3). “Effective consent.” The definition of “effective consent” is taken from Tex. Penal Code §32.46(d)(3)(A). In an appropriate case, the language induced by decep tion or coercion may be replaced with any of the following alternatives: 1. given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions; or 2. given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property. Tex. Penal Code § 32.46(d)(3)(B)–(C). “Deception.” The definition of “deception” is taken from Tex. Penal Code § 31.01(1)(A); accord Goldstein v. State , 803 S.W.2d 777, 790 (Tex. App.—Dallas 1991, writ denied) (applying the same definition from a prior statute). Tex. Penal Code

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