Oklahoma § 12-2304 - Presumptions in criminal cases

§ 12-2304. Presumptions in criminal cases

A. Except as otherwise provided by act of the Legislature, this

statute governs presumptions against an accused, in a criminal case,

recognized at common law or created by statute, including statutory

provisions that certain facts are prima facie evidence of other

facts or of guilt.

B. The court shall not direct the jury to find a presumed fact

against an accused. If a presumed fact establishes guilt, is an

element of the offense, or negates a defense, the court may submit

the question of guilt or of the existence of the presumed fact to

the jury, if a reasonable juror considering the evidence as a whole,

including the evidence of the basic facts, could find guilt or the

presumed fact beyond a reasonable doubt. If the presumed fact has a

lesser effect, its existence may be submitted to the jury if the

basic facts are supported by substantial evidence, or are otherwise

established, unless the evidence as a whole negates the existence of

the presumed fact.

C. Whenever the existence of a presumed fact against the

accused establishes guilt or is an element of the offense or

negatives a defense and is submitted to the jury, the judge shall

Oklahoma Statutes - Title 12. Civil Procedure

give an instruction explaining that the jury may regard the basic

facts as sufficient evidence of the presumed fact but is not

required to do so. Where the presumed fact establishes guilt, is an

element of the offense or negatives a defense, the judge also shall

instruct the jury that its existence, on all the evidence, must be

proved beyond a reasonable doubt.

Added by Laws 1978, c. 285, § 304, eff. Oct. 1, 1978. Amended by

Laws 2002, c. 468, § 29, eff. Nov. 1, 2002.