60-416. Burden of proof not relaxed as to some presumptions; criminal cases, permissive presumption or inference.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A presumption, which by a rule of law may be overcome only by proof beyond a reasonable doubt or by clear and convincing evidence, shall not be affected by K.S.A. 60-414 or 60-415 , and amendments thereto, and the burden of proof to overcome it continues on the party against whom the presumption operates.

(1)In a criminal case, any presumption or inference against the defendant created by statute or common law, including, but not limited to, a presumption or inference that certain facts are prima facie evidence of another fact or of guilt, is permissive. The trier of fact may accept or reject the presumption or inference in each case, and the judge shall not direct the jury to find a fact against the defendant. The judge may instruct the jury on the presumption or inference only if the presumption or inference is supported by the facts.

(2)When the judge instructs the jury on a presumption or inference against the defendant, the judge shall instruct the jury that:

(A)The jury may consider the presumption or inference along with all other evidence in the case;

(B)the jury may accept or reject the presumption or inference in determining whether the prosecution has met the burden of proof; and

(C)the burden of proof never shifts to the defendant.