PJC General Negligence 2024

E XEMPLARY D AMAGES

PJC 31.4

error to instruct jury to find guilt based on intent either to engage in conduct or for result to occur, or both). Aggravated assault with the underlying crime of assault by causing bodily injury is a result-of-conduct offense, which means the culpable mental state relates to the result of the conduct, i.e., the causing of the injury. Aggravated assault with the underlying crime of assault by threat is a nature-of-conduct offense, which means the culpable mental state relates to the nature of the conduct, i.e., the threatening of another with imminent bodily injury. “[A]ggravated assault under each distinct assaultive crime is a separate crime: aggravated assault with the underlying crime of assault by causing bodily injury and aggravated assault with the underlying crime of assault by threat. The first is a result-oriented offense and the second is a conduct-oriented offense.” Landrian v. State , 268 S.W.3d 532, 540 (Tex. Crim. App. 2008). “If the gravamen of an offense is the result of conduct, the jury charge on culpable mental state should be tailored to the result of conduct and likewise for nature-of-conduct offenses.” Price v. State , 457 S.W.3d 437, 441 (Tex. Crim. App. 2015). Accordingly, if the crime underlying the alleged aggravated assault is assault by causing bodily injury, the definitions of “knowingly” and “intentionally” might be modified as follows: A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. 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 crime underlying the alleged aggravated assault is assault by threat, the defi nitions of “knowingly” and “intentionally” might be modified as follows: A person acts knowingly, or with knowledge, with respect to a nature of his conduct or circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. 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” or “knowingly” as narrowed in these examples should be used, and civil courts have not spoken on the issue, the Committee has adopted the complete statutory defi nitions of knowingly and intentionally from Tex. Penal Code §6.03(a), (b) for use in the charge.

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