SEQ CHAPTER \h \r 1CR04-201 06/09/03

AFFIRMATIVE DEFENSE -- BURDEN OF PROOF

The defense of (defense)_________________ is presented in this case.  If you find that the State has proven each of the essential elements of the charge beyond a reasonable doubt, then you must consider (Def)_______________’s claim of (defense)_______________.  (Def)_______________ bears the burden of proving the elements of the defense by a preponderance of the evidence.

[Insert instruction on Proof by a Preponderance of the Evidence, CR04-121.]

If (Def)_______________ has failed to prove each essential element of the defense by a preponderance of the evidence, then you must disregard the defense.  But, if you find that the defense has been proven, then you must find (Def)_______________ not guilty.