Presumption of culpable mental state shifts burden to accused to prove absence of intent beyond reasonable doubt. The court shall presume the existence of a culpable mental state in prosecutions where it is an element, but the accused may defend by proving absence of ... Summary
Presumption of culpable mental state shifts burden to accused to prove absence of intent beyond reasonable doubt.
The court shall presume the existence of a culpable mental state in prosecutions where it is 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 the court believes it to exist beyond reasonable doubt rather than by a preponderance of probability.
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