{"data":{"id":"us-ks/k.s.a.-21-5108","jurisdiction":"us-ks","citation":"K.S.A. 21-5108","heading":"Burden of proof; defendant presumed innocent.","body":"(a) In all criminal proceedings, the state has the burden to prove beyond a reasonable doubt that a defendant is guilty of a crime. This standard requires the prosecution to prove beyond a reasonable doubt each required element of a crime.\n(b) A defendant is presumed to be innocent until proven guilty. When there is a reasonable doubt as to which of two or more degrees of a crime the defendant is guilty, the defendant shall be convicted of the lowest degree only. When there is a reasonable doubt as to a defendant's guilt, the defendant shall be found not guilty.\n(c) A defendant is entitled to an instruction on every affirmative defense that is supported by competent evidence. Competent evidence is that which could allow a rational fact finder to reasonably conclude that the defense applies. Once the defendant satisfies the burden of producing such evidence, the state has the burden of disproving the defense beyond a reasonable doubt.\n(d) Issues raised under K.S.A. 21-5106, 21-5107 and 21-5110, and amendments thereto, are not affirmative defenses under subsection (c).","path":["Chapter 21.—CRIMES AND PUNISHMENTS","Article 51.—PRELIMINARY"],"source_url":"https://www.ksrevisor.gov/statutes/chapters/ch21/021_051_0008.html","current_through":"2025 legislative session","vintage":"","retrieved_at":"2026-09-04T15:11:09Z","sha256":"a2f8afb3f729fcadcfce5d60ca38e06f1358b4372299324cee565058a6f14d8e","source_id":"us-ks","stale":false,"prev":"us-ks/k.s.a.-21-5107","next":"us-ks/k.s.a.-21-5109"},"notice":"GroundRules: Original legal text. Not legal advice."}