PJC General Negligence 2024

PJC 31.6

E XEMPLARY D AMAGES

i. cause serious bodily injury or attempt to cause the death of the victim or another person in the course of the same criminal episode; or ii. by acts or words place the victim in fear that any person would become the victim of an offense [ under Trafficking of Persons , Tex. Penal Code §20A.02(a)(3), (a)(4), (a)(7), (a)(8)] or that death, serious bodily injury, or kidnapping would be imminently inflicted on any person; or iii. by acts or words occurring in the presence of the victim threaten to cause any person to become the victim of an offense [ under Traf ficking of Persons , Tex. Penal Code §20A.02(a)(3), (a)(4), (a)(7), (a)(8)] or to cause the death, serious bodily injury, or kid napping of any person; or iv. use or exhibit a deadly weapon in the course of the same criminal episode; or v. act in concert with another who engaged in conduct described by element 1 directed toward the same victim and occurring during the course of the same criminal episode; or vi. with the intent of facilitating the commission of the offense, administer or provide to the victim of the offense any substance capable of impair ing the victim’s ability to appraise the nature of the act or to resist the act; or b. was the victim younger than fourteen years of age, regardless of whether Don Davis knew the age of the victim at the time of the offense; or c. was the victim an elderly individual or a disabled individual?

See Tex. Penal Code § 22.021(a). Elements 1 and 2 must both be proved; therefore the word “and” must be used between them. However, if more than one of the alternative instructions listed above under 1 or 2a are used, or if more than one of 2a, 2b, and 2c are used, each must be separated by the word “or” because a finding of any one of the

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