Presumption of culpable mental state creates a rebuttable presumption in prosecutions; accused may prove absence beyond reasonable doubt.

Where a culpable mental state is an element of an offence under the Act, the court shall presume such a state but the accused may defend by proving absence of that mental state. "Culpable mental state" includes intention, motive, knowledge, and belief or reason to believe a fact. A fact is treated as proved only when the court believes it exists beyond reasonable doubt, not by a preponderance of probability.

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