Presumption of culpable mental state allows mental state to be presumed, subject to accused's rebuttal by proof. The court presumes that an accused possessed the requisite culpable mental state in prosecutions under the Act, but the accused may defend by proving absence of that mental state as to the charged act; culpable mental state includes intention, motive, knowledge, belief, or reason to believe a fact, and proof of any such fact requires the court's belief beyond reasonable doubt rather than 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 allows mental state to be presumed, subject to accused's rebuttal by proof.
The court presumes that an accused possessed the requisite culpable mental state in prosecutions under the Act, but the accused may defend by proving absence of that mental state as to the charged act; culpable mental state includes intention, motive, knowledge, belief, or reason to believe a fact, and proof of any such fact requires the court's belief beyond reasonable doubt rather than a preponderance of probability.
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