Presumption of culpable mental state presumed but defendant may rebut by proving absence beyond reasonable doubt. The court shall presume the existence of a culpable mental state in prosecutions under the Ordinance, but the accused may defend by proving absence of that mental state with respect to the charged act. 'Culpable mental state' includes intention, motive, knowledge of a fact, and belief in, or reason to believe, a fact. A fact is proved only when the court believes it exists beyond reasonable doubt, not by a preponderance of probability.
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Provisions expressly mentioned in the judgment/order text.
Presumption of culpable mental state presumed but defendant may rebut by proving absence beyond reasonable doubt.
The court shall presume the existence of a culpable mental state in prosecutions under the Ordinance, but the accused may defend by proving absence of that mental state with respect to the charged act. "Culpable mental state" includes intention, motive, knowledge of a fact, and belief in, or reason to believe, a fact. A fact is proved only when the court believes it exists beyond reasonable doubt, not by a preponderance of probability.
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