Tennessee § 39-11-201 Burden of proof

Tennessee Statutes

§ 39-11-201 — Burden of proof

Tennessee § 39-11-201

Title39

This text of Tennessee § 39-11-201 (Burden of proof) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 39-11-201 (2026).

Text

(a)No person may be convicted of an offense unless each of the following is proven beyond a reasonable doubt:

(1)The conduct, circumstances surrounding the conduct, or a result of the conduct described in the definition of the offense;

(2)The culpable mental state required;

(3)The negation of any defense to an offense defined in this title if admissible evidence is introduced supporting the defense; and (4) The offense was committed prior to the return of the formal charge.

(b)In the absence of the proof required by subsection (a), the innocence of the person is presumed.

(c)A person charged with an offense has no burden to prove innocence.

(d)Evidence produced at trial, whether presented on direct or cross-examination of state or defense witnesses, may be utilized by either party.

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(a) No person may be convicted of an offense unless each of the following is proven beyond a reasonable doubt: (1) The conduct, circumstances surrounding the conduct, or a result of the conduct described in the definition of the offense; (2) The culpable mental state required; (3) The negation of any defense to an offense defined in this title if admissible evidence is introduced supporting the defense; and (4) The offense was committed prior to the return of the formal charge. (b) In the absence of the proof required by subsection (a), the innocence of the person is presumed. (c) A person charged with an offense has no burden to prove innocence. (d) Evidence produced at trial, whether presented on direct or cross-examination of state or defense witnesses, may be utilized by either party. (e) No person may be convicted of an offense unless venue is proven by a preponderance of the evidence. (f) 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.