Legislation
SECTION 25.00
Defenses; burden of proof
Penal (PEN) CHAPTER 40, PART 1, TITLE C, ARTICLE 25
§ 25.00 Defenses; burden of proof.
1. When a "defense," other than an "affirmative defense," defined by
statute is raised at a trial, the people have the burden of disproving
such defense beyond a reasonable doubt.
2. When a defense declared by statute to be an "affirmative defense"
is raised at a trial, the defendant has the burden of establishing such
defense by a preponderance of the evidence.
1. When a "defense," other than an "affirmative defense," defined by
statute is raised at a trial, the people have the burden of disproving
such defense beyond a reasonable doubt.
2. When a defense declared by statute to be an "affirmative defense"
is raised at a trial, the defendant has the burden of establishing such
defense by a preponderance of the evidence.