TX CPJC 31-11 Instruction—Nondeadly Force and Consent Issue
Criminal Pattern Jury Charges (Criminal Defenses) (2015)
Chapter 31.Self-Defense—Nondeadly Force
CPJC 31-11 Instruction—Nondeadly Force and Consent Issue
[Insert instructions for underlying offense.]
If you all agree the state has proved, beyond a reasonable doubt, each of the [number] elements listed above, you must next consider whether the defendant’s use of force was made in self-defense.
Self-Defense
You have heard evidence that, when the defendant [insert specific conduct constituting offense], he believed his use of force was necessary to defend himself against [name]’s use [or attempted use] of unlawful force.
Relevant Statutes
A person’s use of force against another that would otherwise constitute the crime of [offense] is not a criminal offense if the person reasonably believed the force used was immediately necessary to protect the person against the other’s use [or attempted use] of unlawful force.
A person cannot use force against another in self-defense if the person consented to the exact force used or attempted by the other person.
Self-defense does not cover conduct in response to verbal provocation alone. The defendant must have reasonably believed the other person had done more than verbally provoke the defendant.
Burden of Proof
The defendant is not required to prove self-defense. Rather, the state must prove, beyond a reasonable doubt, that self-defense does not apply to the defendant’s conduct.
Definition
Reasonable Belief
“Reasonable belief” means a belief that an ordinary and prudent person would have held in the same circumstances as the defendant.
Application of Law to Facts
If you have found that the state has proved the offense beyond a reasonable doubt, you must next decide whether the state has proved that the defendant’s conduct was not justified by self-defense.
To decide the issue of self-defense, you must determine whether the state has proved, beyond a reasonable doubt, one of the following elements. The elements are that—
1. the defendant did not believe his conduct was immediately necessary to protect himself against [name]’s use [or attempted use] of unlawful force; or
2. the defendant’s belief was not reasonable; or
3. the defendant consented to the exact force used [or attempted] by [name] against the defendant.
You must all agree that the state has proved, beyond a reasonable doubt, either element 1, 2, or 3 listed above. You need not agree on which of these elements the state has proved.
If you find that the state has failed to prove, beyond a reasonable doubt, either element 1, 2, or 3 listed above, you must find the defendant “not guilty.”
If you all agree the state has proved, beyond a reasonable doubt, each of the elements of the offense of [insert specific offense], and you all agree the state has proved, beyond a reasonable doubt, either element 1, 2, or 3 listed above, you must find the defendant “guilty.”
[Insert any other instructions raised by the evidence. Then continue with the verdict form found in CPJC 2.1, the general charge, in Texas Criminal Pattern Jury Charges—General, Evidentiary & Ancillary Instructions.]
