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.
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.
Full Summary is available for active users!
Note: It is a system-generated summary and is for quick reference only.