14-5061. Presumptions or inferences.1
Proof of __________________ (set forth presumed fact) is an essential element of __________________ (set forth crime) as defined elsewhere in these instructions. The burden is on the state to prove __________________ (set forth presumed fact) beyond a reasonable doubt.
In this case if you find that __________________ (here state basic fact or facts on which presumption rests) [has] [have] been proved, you may but are not required to find that __________________ (presumed fact) has been proved. You must consider all of the evidence in making your determination. In order to find the defendant guilty of __________________ (set forth offense charged), [as charged in Count __________]2, you must be convinced beyond a reasonable doubt that the defendant __________________ (set forth presumed fact).
USE NOTES
1. This instruction shall be given when the state relies upon a statutory "presumption" to prove an element of the crime or when an element is inferred ("implied") from certain facts. It may not be used if there is a specific UJI Criminal presumption instruction provided for the crime. See for example UJI 14-242, 14-1651, 14-1671 and 14-1672.
2. Insert the count number if more than one count is charged.
[As amended, effective September 1, 1988.]