OR 161.055 Burden of proof as to defenses

OR 161.055 Burden of proof as to defenses

State: Oregon

Oregon Revised Statutes (O.R.S.)

Volume 4

Title 16. Crimes and Punishments

Chapter 161.  General Provisions

161.055 Burden of proof as to defenses

(1) When a defense, other than an affirmative defense as defined in subsection (2) of this section, is raised at a trial, the state has the burden of disproving the defense beyond a reasonable doubt.

(2) When a defense, declared to be an affirmative defense by chapter 743, Oregon Laws 1971, is raised at a trial, the defendant has the burden of proving the defense by a preponderance of the evidence.

(3) The state is not required to negate a defense as defined in subsection (1) of this section unless it is raised by the defendant. Raised by the defendant means either notice in writing to the state before commencement of trial or affirmative evidence by a defense witness in the defendants case in chief. [1971 c.743 §4]

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