§ 108. Standards of Proof.

    1. No person may be convicted of a crime unless each element of such crime is proven by the plaintiff beyond a reasonable doubt. In the absence of such proof, the innocence of the defendant is assumed.

    2. Paragraph (1) of this Section does not require the disproof of an affirmative defence unless and until there is evidence supporting such defence or apply to any defence that the Code or another statute plainly requires the defendant to prove by a preponderance of evidence.

    3. A defence is affirmative when:

            a. it arises under a section of the Code that so provides; or

            b. it relates to a crime defined by a statute other than the Code and such statute so provides; or

            c. it involves a matter of excuse or justification peculiarly within the knowledge of the defendant on which he can fairly be required to adduce supporting evidence.

    4. When the application of the Code depends upon the finding of a fact that is not an element of a crime, unless the Code otherwise provides, the burden of proving the fact is on the plaintiff, and the fact must be proved by clear and convincing evidence.

    5. When the Code establishes a presumption with respect to any fact that is an element of a crime, it has the following consequences:

            a. when there is evidence of the facts that give rise to the presumption, the issue of the existence of the presumed fact must be submitted to the jury; and

            b. when the issue of the existence of the presumed fact is submitted to the jury, the Court shall charge that while the presumed fact must, on all the evidence, be proved beyond a reasonable doubt, the law declares that the jury may regard the facts giving rise to the presumption as sufficient evidence of the presumed fact.