Section 25.00. Defenses; burden of proof


Latest version.
  • 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.