{"data":{"id":"us-ok/okla.-stat.-tit.-12-12-2304","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 12, § 12-2304","heading":"Presumptions in criminal cases","body":"A. Except as otherwise provided by act of the Legislature, this\n\nstatute governs presumptions against an accused, in a criminal case,\n\nrecognized at common law or created by statute, including statutory\n\nprovisions that certain facts are prima facie evidence of other\n\nfacts or of guilt.\n\nB. The court shall not direct the jury to find a presumed fact\n\nagainst an accused. If a presumed fact establishes guilt, is an\n\nelement of the offense, or negates a defense, the court may submit\n\nthe question of guilt or of the existence of the presumed fact to\n\nthe jury, if a reasonable juror considering the evidence as a whole,\n\nincluding the evidence of the basic facts, could find guilt or the\n\npresumed fact beyond a reasonable doubt. If the presumed fact has a\n\nlesser effect, its existence may be submitted to the jury if the\n\nbasic facts are supported by substantial evidence, or are otherwise\n\nestablished, unless the evidence as a whole negates the existence of\n\nthe presumed fact.\n\nC. Whenever the existence of a presumed fact against the\n\naccused establishes guilt or is an element of the offense or\n\nnegatives a defense and is submitted to the jury, the judge shall\n\ngive an instruction explaining that the jury may regard the basic\n\nfacts as sufficient evidence of the presumed fact but is not\n\nrequired to do so. Where the presumed fact establishes guilt, is an\n\nelement of the offense or negatives a defense, the judge also shall\n\ninstruct the jury that its existence, on all the evidence, must be\n\nproved beyond a reasonable doubt.","path":["OK Code","Title 12"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"e5ae7f03151ae499740f57dcc3fcb8bb9771cecd91f74d8f61b91cb2c4bababb","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-12-12-2303","next":"us-ok/okla.-stat.-tit.-12-12-2305"},"notice":"GroundRules: Original legal text. Not legal advice."}