PJC General Negligence 2024

E XEMPLARY D AMAGES

PJC 31.12

“Forced labor or services” means labor or services, other than labor or services that constitute sexual conduct, that are performed or provided by another person and obtained through an actor’s use of force, fraud, or coercion. “Coercion.” In an appropriate case, submit the following definition of “coer cion,” as provided in Tex. Penal Code §§ 1.07(a)(9), 20A.01(1–a): “Coercion” means a threat, however communicated— 1. to commit an offense; or 2. to inflict bodily injury in the future on the person threat ened or another; or 3. to accuse a person of any offense; or 4. to expose a person to hatred, contempt, or ridicule; or 5. to harm the credit or business repute of any person; or 6. to take or withhold action as a public servant, or to cause a public servant to take or withhold action; or 7. destroying, concealing, confiscating, or withholding from a transported person, or threatening to destroy, conceal, confis cate, or withhold from a transported person, the person’s actual or purported— a. government records; or b. identifying information or documents; or 8. causing a transported person, without the person’s con sent, to become intoxicated to a degree that impairs the person’s ability to appraise the nature of or resist engaging in any conduct, including performing or providing labor or services; or 9. withholding alcohol or a controlled substance to a degree that impairs the ability of a transported person with a chemical dependency to appraise the nature of or resist engaging in any con duct, including performing or providing labor or services. Unanimity. PJC 31.12 does not require a unanimous jury finding of the conduct listed in Tex. Civ. Prac. & Rem. Code § 41.008(c). Under chapter 41 of the Texas Civil Practice and Remedies Code, “exemplary damages may be awarded only if the jury was unanimous in regard to finding liability for and the amount of exemplary dam ages.” Tex. Civ. Prac. & Rem. Code § 41.003(d). This is consistent with Tex. R. Civ. P. 292(b), which requires jury unanimity for awards of exemplary damages—an excep-

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