Tennessee § 39-11-201 - Burden of proof.

§ 39-11-201. Burden of proof.

No person may be convicted of an offense unless each of the following is proven beyond a reasonable doubt: The conduct, circumstances surrounding the conduct, or a result of the conduct described in the definition of the offense; The culpable mental state required; The negation of any defense to an offense defined in this title if admissible evidence is introduced supporting the defense; and The offense was committed prior to the return of the formal charge. In the absence of the proof required by subsection (a), the innocence of the person is presumed. A person charged with an offense has no burden to prove innocence. Evidence produced at trial, whether presented on direct or cross-examination of state or defense witnesses, may be utilized by either party. No person may be convicted of an offense unless venue is proven by a preponderance of the evidence. If the issue is raised in defense, no person shall be convicted of an offense unless jurisdiction and the commission of the offense within the time period specified in title 40, chapter 2 are proven by a preponderance of the evidence. Acts 1989, ch. 591, § 1; 1990, ch. 1030, § 3. Sentencing Commission Comments. This section codifies the prior Tennessee principles regarding burdens of proof. The presumption of innocence and reasonable doubt doctrines remain unaltered and a defendant is entitled to a jury charge on those issues. Hardin v. State, 210 Tenn. 116, 355 S.W.2d 105 (1962); Gentry v. State, 184 Tenn. 299, 198 S.W.2d 643 (1947); Owen v. State, 89 Tenn. 698, 16 S.W. 114 (1891). Note that subsection (d) is a new provision of the law. The burden regarding issues of jurisdiction and time limitations have not been altered from prior law. Under subsection (e), proof of venue by a preponderance of the evidence is required in every case. The burden of proof for venue was previously “beyond a reasonable doubt”. Subsection (f) states that jurisdiction and time limitations need be proven only in cases where those issues are raised by the defendant. Once these issues are raised, the state must prove proper jurisdiction and timely prosecution by a preponderance of the evidence. Cross-References. Civil procedure, process, title 20, ch. 2. Culpability, title 39, ch. 11, part 3. Definitions for title, § 39-11-106 . Evidence and witnesses, title 24. General defenses, title 39, ch. 11, part 5. Jurisdiction, long-arm statutes, title 20, ch. 2, part 2. Notice of charge, § 40-10-101 . Venue, title 20, ch. 4.