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 absence of such proof,
the defendant shall be acquitted.
(2) As used in this part the words "element of the offense" mean:
(a) The conduct, attendant circumstances, or results of conduct proscribed, prohibited, or
forbidden in the definition of the offense;
(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.
Enacted by Chapter 196, 1973 General Session
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Last revised: Thursday, May 28, 2009