Section 76-1-501 - Presumption of innocence - "Element of the offense" defined(1) A defendant in a criminal proceeding is presumed to be innocent until each element of the offense charged against him is proved beyond a reasonable doubt. In the absence of this proof, the defendant shall be acquitted.(2) As used in this part, "element of the offense" means: (a) the conduct, attendant circumstances, or results of conduct proscribed, prohibited, or forbidden in the definition of the offense; and(b) the culpable mental state required.(3) The existence of jurisdiction and venue are not elements of the offense but shall be established by a preponderance of the evidence.Amended by Chapter 189, 2014 General Session ,§ 132, eff. 5/13/2014.Amended by Chapter 40, 2014 General Session ,§ 1, eff. 3/25/2014.Amended by Chapter 278, 2013 General Session ,§ 56, eff. 5/14/2013.Enacted by Chapter 196, 1973 General Session