Effective 5/13/2014 76-1-501. Presumption of innocence — “Element of the offense” defined. (1) A defendant in a criminal proceeding is presumed to be innocent until each element of the offense charged against him is proved beyond a reasonable doubt. In the absence of this proof, the defendant shall be acquitted. (2) As used in this […]
76-1-502. Negating defense by allegation or proof — When not required. Section 76-1-501 does not require negating a defense: (1) By allegation in an information, indictment, or other charge; or (2) By proof, unless: (a) The defense is in issue in the case as a result of evidence presented at trial, either by the prosecution […]
76-1-503. Presumption of fact. An evidentiary presumption established by this code or other penal statute has the following consequences: (1) When evidence of facts which support the presumption exist, the issue of the existence of the presumed fact must be submitted to the jury unless the court is satisfied that the evidence as a whole […]
76-1-504. Affirmative defense presented by defendant. Evidence of an affirmative defense as defined by this code or other statutes shall be presented by the defendant. Enacted by Chapter 196, 1973 General Session
