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In OM all I N I r 1 MN MN OM EN NM <br /> Section 12: Proof Beyond a Reasonable Doubt; Affirmative Defenses <br /> 1. Every person charged with the commission of an offense is presumed <br /> innocent until proven guilty. No person may be convicted of an offense <br /> unless each element of such offense is proved by competent evidence beyond <br /> a reasonable doubt. <br /> 2. Subsection 1 of this section does not: <br /> a. require the disproof of an affirmative defense unless there is <br /> evidence to support such defense; or <br /> b. require the disproof beyond a reasonable doubt of any defense which <br /> the code or other ordinance expressly requires the defendant to prove <br /> by a preponderance of the evidence. <br /> 3. A defense is affirmative, within the meaning of Subsection 2(a) of this <br /> section when it arises under a section of this code which so provides. <br /> -12- <br />