76-1-501. Presumption of innocence -- "Element of the offense" defined.
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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 part, "element of the offense" means:
(a)the conduct, attendant circumstances, or results of conduct proscribed, prohibited, or forbidden in the definition of the offense; and
(b)the culpable mental state required.
(3)The existence of jurisdiction and venue are not elements of the offense but shall be established by a preponderance of the evidence.
Amended by Chapter 40 , 2014 General Session
Amended by Chapter 189 , 2014 General Session