Presumption of culpable mental state places on accused the need to prove absence of mens rea by preponderance. A statutory presumption requires the court to treat the presence of a culpable mental state as established in prosecutions for offences under the Code, ... Summary
Presumption of culpable mental state places on accused the need to prove absence of mens rea by preponderance.
A statutory presumption requires the court to treat the presence of a culpable mental state as established in prosecutions for offences under the Code, but the accused may rebut the presumption by proving lack of that mental state. "Culpable mental state" includes intention, motive, knowledge, belief, or reason to believe a fact, and such facts are proved when the court finds them established by a preponderance of probability.
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