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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.
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.
<h1>Presumption of culpable mental state shifts burden, requiring an accused to prove absence of intent beyond reasonable doubt.</h1> 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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