PJC Business

D AMAGES

PJC 115.44

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. “Consent.” In an appropriate case, submit the following definition of “consent,” as provided in Tex. Penal Code § 1.07(a)(11): “Consent” means assent in fact, whether express or apparent. “Benefit. ” In an appropriate case, submit the following definition of “benefit,” as provided in Tex. Penal Code § 1.07(a)(7): “Benefit” means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. Offering bribe also criminal conduct. A person who, for an improper purpose, intentionally offers, confers, or agrees to confer a benefit to a fiduciary also commits commercial bribery. Tex. Penal Code §32.43(c). In an appropriate case, the question should read: Did Don Davis knowingly or intentionally offer, confer, or agree to confer a benefit on Fred Fiduciary on the agreement that the bene fit would influence Fred Fiduciary ’s conduct in relation to the affairs of Paul Payne ? Fiduciary. The defendant must be a fiduciary for the conduct described in Tex. Penal Code § 32.43 to apply. “Fiduciary” is defined there as (1) an agent or employee; (2) a trustee, guardian, custodian, administrator, executor, conservator, receiver, or similar fiduciary; (3) a lawyer, physician, accountant, appraiser, or other professional

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