Presumption of culpable mental state shifts burden, requiring an accused to prove absence of intent beyond reasonable doubt. The court shall presume the existence of a culpable mental state in prosecutions requiring such an element, but the accused may defend by proving absence ... Summary
Presumption of culpable mental state shifts burden, requiring an accused to prove absence of intent beyond reasonable doubt.
The court shall presume the existence of a culpable mental state in prosecutions requiring such an element, 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, and a fact is proved only when believed to exist beyond reasonable doubt rather than by a preponderance of probability.
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