Texas PJC Malpractice 2022

J OINT AND S EVERAL L IABILITY

PJC 72.7

PJC 72.7

Question and Instructions—Aggravated Sexual Assault as a Ground for Joint and Several Liability (Tex. Civ. Prac. & Rem. Code § 33.013(b)(2)(F))

QUESTION ______ Did Don Davis , with the specific intent to do harm to others, act in concert with [ name(s) of person(s) or entity(ies) with whom or with which Don Davis acted in concert ] to commit aggravated sexual assault that was a proximate cause of the damages, if any, to Paul Payne ? Don Davis acts with specific intent to do harm with respect to the nature of Don Davis ’s conduct and the result of [ name(s) of person(s) or entity(ies) with whom or with which Don Davis acted in concert ]’s conduct when it is [ name(s) of person(s) or entity(ies) with whom or with which Don Davis acted in con cert ]’s conscious effort or desire to engage in the conduct for the purpose of doing substantial harm to others. “Aggravated sexual assault” means that a person— 1. intentionally or knowingly— a. causes the penetration of the anus or sexual organ of another person by any means, without that person’s consent; or b. causes the penetration of the mouth of another person by the sexual organ of the actor, without that person’s consent; or c. causes the sexual organ of another person, without that per son’s consent, to contact or penetrate the mouth, anus, or sex ual organ of another person, including the actor; or 2. regardless of whether the person knows the age of the child at the time of the offense, intentionally or knowingly— a. causes the penetration of the anus or sexual organ of a child by any means; or b. causes the penetration of the mouth of a child by the sexual organ of the actor; or c. causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or d. causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or

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