Rule 303 - [Effective 1/1/2025] Presumptions in Criminal Cases(a) Presumptions in favor of the accused. In criminal cases, a presumption operating in favor of the accused is governed by the provisions of Rule 301. (b) Presumptions against the accused.(1)Effect. In criminal cases, except as otherwise provided by law, a presumption operating against the accused permits, but does not require, the trier of fact upon sufficient evidence of the basic fact to find the existence of the presumed fact; but a presumption does not shift to the accused the burden of producing evidence or of persuading the trier of fact that the presumed fact does not exist. (2)Prima facie evidence. A statute providing that a fact or group of facts is prima facie evidence of another fact or of guilt establishes a presumption within the meaning of this rule. (c) Presumptions against the accused: submission to the jury. When a presumption operates against the accused, the court may not direct the jury to find the presumed fact against the accused. If a presumed fact establishes guilt or is an element of the offense or negatives a defense, the court may submit the question of guilt or of the existence of the presumed fact to the jury, but only if a reasonable juror on the evidence as a whole, including the evidence of the basic fact, could find guilt or the presumed fact beyond a reasonable doubt. If the presumed fact has a lesser effect, the question of its existence may be submitted to the jury, provided the basic fact is supported by substantial evidence or is otherwise established, unless the court determines that a reasonable juror on the evidence as a whole could not find the existence of the presumed fact. (d) Presumptions against the accused: instructions. Whenever the existence of a presumed fact against the accused is submitted to the jury, the court shall instruct the jury that if it finds the existence of the basic fact it may regard that fact as sufficient evidence of the presumed fact but is not required to do so. In addition if the presumed fact establishes guilt or is an element of the offense or negatives a defense, the court shall instruct the jury that its existence on all the evidence, must be proved beyond a reasonable doubt. Amended Aug. 12, 2024, effective 1/1/2025. Reporter's Notes-2025 Amendment
Rule 303(c) is amended to remove gendered pronouns.