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: the conduct, attendant circumstances, or results of conduct proscribed, prohibited, or forbidden in the definition of the offense; and 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.