(2)4.1 Burden of Proof
(a) General Rule: In any criminal proceeding, the burden of proof rests with the prosecution unless otherwise expressly provided by law.
(b) Elements of the Offense: The prosecution must prove each element of an offense beyond a reasonable doubt.
(c) Affirmative Defenses — Burden of Production: When an affirmative defense is raised, the defendant bears the burden of producing evidence sufficient to place the defense in issue, unless a greater burden is expressly imposed by law.
(d) Affirmative Defenses — Burden of Persuasion: Nothing in this section relieves the prosecution of its obligation to disprove an affirmative defense beyond a reasonable doubt when required by law.
(e) Distinction Between Elements, Defenses, and Exemptions:
- Facts that define criminal liability constitute elements and shall be proved by the prosecution;
- Defenses negate or justify otherwise criminal conduct and are subject to subsection (c); and
- Statutory exemptions or exceptions shall be treated as elements unless the statute expressly places the burden on the defendant.
(f) Presumptions and Inferences:
- No presumption shall relieve the prosecution of its burden to prove each element beyond a reasonable doubt; and
- Permissive inferences may be allowed only where a rational connection exists between the proven facts and the inferred fact.
(g) Pretrial and Procedural Burdens:
- At hearings concerning arrest, detention, bail, or suppression of evidence, the burden of proof shall be as provided by statute or court rule; and
- Probable cause and other preliminary standards shall not be construed to alter the burden of proof at trial.
(h) Enhancements and Sentencing Factors:
- Any fact that increases the grade of an offense or the maximum authorized punishment shall be proved beyond a reasonable doubt, unless admitted by the defendant; and
- Facts considered solely for sentencing within the authorized range may be found by the court by a preponderance of the evidence unless otherwise provided by law.
(i) Construction This section shall be construed to protect the presumption of innocence and to prevent the shifting of the burden of proof by implication.