Presumption of culpable mental state shifts burden to accused to prove absence of intent as a defence. The Code presumes existence of a culpable mental state in prosecutions requiring it, while allowing the accused to defend by proving absence of that state. 'Culpable mental state' includes intention, motive, knowledge, belief, or reason to believe a fact, and facts must be found beyond reasonable doubt rather than by preponderance of probability.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Presumption of culpable mental state shifts burden to accused to prove absence of intent as a defence.
The Code presumes existence of a culpable mental state in prosecutions requiring it, while allowing the accused to defend by proving absence of that state. "Culpable mental state" includes intention, motive, knowledge, belief, or reason to believe a fact, and facts must be found beyond reasonable doubt rather than by preponderance of probability.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.