PJC General Negligence 2024

E XEMPLARY D AMAGES

PJC 31.11

between result- and conduct-oriented crimes); Alvarado v. State , 704 S.W.2d 36, 39– 40 (Tex. Crim. App. 1985) (en banc) (op. on reh’g) (result-oriented crime; reversible error to instruct jury to find guilt based on intent either to engage in conduct or for result to occur, or both). “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-con duct offenses.” Price v. State , 457 S.W.3d 437, 441 (Tex. Crim. App. 2015). Accord ingly, if the gravamen of an offense is the result of the conduct, 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 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. Multiple victims. Under Tex. Penal Code §21.02(b)(1), a person commits an offense regardless of whether the acts of sexual abuse are committed against one or more victims. Accordingly, in an appropriate case, children may be substituted for child . Multiple offenses. If more than one subpart of section 21.02(c) is implicated by the evidence, any of the following acts may be substituted for the following act in the original language of the charge. Disabled individual. PJC 31.11 also applies if the victim is a disabled individual, within the meaning of Tex. Penal Code § 22.021(b). See Tex. Civ. Prac. & Rem. Code

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