PJC General Negligence 2024

PJC 31.6

E XEMPLARY D AMAGES

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 gravamen of an offense is the nature of the conduct, the definitions of “know ingly” 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. “Child.” In an appropriate case, submit the following definition of “child,” as provided in Tex. Penal Code § 22.011(c)(1): “Child” means a person younger than seventeen years of age. Tex. Penal Code § 22.021(b)(1). “Elderly individual.” In an appropriate case, submit the following definition of “elderly individual,” as provided in Tex. Penal Code § 22.04(c)(2): “Elderly individual” means a person sixty-five years of age or older. Tex. Penal Code § 22.021(b)(2). “Disabled individual.” In an appropriate case, submit the following definition of “disabled individual,” as provided in Tex. Penal Code § 22.021(b)(3): “Disabled individual” means a person older than thirteen years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person’s self from harm or to provide food, shelter, or medical care for the person’s self.

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