PJC General Negligence 2024

PJC 31.5

E XEMPLARY D AMAGES

Various conduct that satisfies definition of sexual assault under section 22.011 of Texas Penal Code. In an appropriate case, the question should include one or more of the following subparts: 1. cause the penetration of the anus or sexual organ of another person by any means, without that person’s consent; or 2. cause the penetration of the mouth of another person by the sexual organ of Don Davis , without that person’s consent; or 3. cause the sexual organ of another person, without that person’s consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including Don Davis ; or 4. regardless of whether he knows the age of the child at the time of the offense— a. cause the penetration of the anus or sexual organ of a child by any means; or b. cause the penetration of the mouth of a child by the sexual organ of Don Davis ; or

c. cause the sexual organ of a child to contact or pene trate the mouth, anus, or sexual organ of another per son, including Don Davis ; or d. cause the anus of a child to contact the mouth, anus, or sexual organ of another person, including Don Davis ; or e. cause the mouth of a child to contact the anus or sex ual organ of another person, including Don Davis ?

See Tex. Penal Code § 22.011(a). If more than one of the alternative instructions listed above is used, each must be separated by the word “or” because a finding of any one of the circumstances defined by the instructions would support removing the cap on exemplary damages under Tex. Civ. Prac. & Rem. Code § 41.008(c)(5). Bifurcation. If a defendant has requested a bifurcated trial pursuant to Tex. Civ. Prac. & Rem. Code §41.009, PJC 31.5 should be answered in the first phase of the trial. See Transportation Insurance Co. v. Moriel , 879 S.W.2d 10, 30 (Tex. 1994) (not ing that in second phase of bifurcated trial, jury is “presented evidence relevant only to the amount of punitive damages”) (emphasis added).

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