8 GCA § 90.21: Proof of Each Element of Offense Required: Exceptions for Negation of Defense; Affirmative Defense.
Where this section sits in the code
- Title 8: Criminal Procedure
- Chapter 90: Trial
(a) No person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt.
(b) Subsection (a) does not require negating a defense (1) by allegation in the indictment, information or complaint, or (2) by proof at trial, unless the issue is in the case as a result of evidence at the trial sufficient to raise a reasonable doubt on the issue.
(c) Subsection (a) does not apply to any defense which a statute explicitly designates as an “affirmative defense.” Defenses so designated must be proved by the defendant by a preponderance of evidence.
Collected 2026-09-27T02:41:58Z. Source file · JSON