10.04.110 Proof beyond reasonable doubt—Affirmative defenses.
This section is included in your selections.
A. Every person charged with the commission of an offense is presumed innocent until proven guilty. No person may be convicted of an offense unless each element of such offense is proved by competent evidence beyond a reasonable doubt.
B. Subsection A of this section does not:
1. Require the disproof of an affirmative defense unless there is evidence to support such defense; or
2. Require the disproof beyond a reasonable doubt of any defense which the code or other ordinance expressly requires the defendant to prove by a preponderance of the evidence.
C. A defense is affirmative, within the meaning of subdivision 1 of subsection B of this section when it arises under a section of this code which so provides. (Ord. 1145-85 § 12, 1985.)