Proof of Each Element of Offense Required: Exceptions for

Negation of Defense; Affirmative Defense. (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 Aaffirmative defense.@ Defenses so designated must be proved by the defendant by a preponderance of evidence. NOTE: Subsection (a) of § 90.21 restates the fundamental principle that the prosecution must prove guilt beyond a reasonable doubt as to every element of an offense. Compare former § 1096. Rules as to pleading and proof of Adefenses@ are set forth in Subsection (b), which requires the prosecution to negative such a defense by proof only when the evidence at the trial is sufficient to raise a reasonable doubt on the issue. A category of Aaffirmative defenses@ is recognized by Subsection (c). When the Criminal and Correctional Code (or other statute) provides for such an affirmative defense, the burden of proving it by a preponderance of the evidence is put on the defendant. Such affirmative defenses are not numerous but are provided in appropriate cases. See, e.g., 9 GCA §§ 7.22 (insanity); 7.55(c) (ignorance or mistake); 7.58(d) (non-self-induced intoxication); 7.61 (duress; compulsion); 7.70 (entrapment); 7.73 (renunciation).