Statute:

Defenses; burden of proof

ยง 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.

PEN 25.00 2014-09-22

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