Texas Penal Code - Section 2.05. Presumption

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§ 2.05. PRESUMPTION.  (a) Except as provided by 
Subsection (b), when this code or another penal law establishes a 
presumption with respect to any fact, it has the following 
consequences:
		(1)  if there is sufficient evidence of the facts that 
give rise to the presumption, the issue of the existence of the 
presumed fact must be submitted to the jury, unless the court is 
satisfied that the evidence as a whole clearly precludes a finding 
beyond a reasonable doubt of the presumed fact;  and
		(2)  if the existence of the presumed fact is submitted 
to the jury, the court shall charge the jury, in terms of the 
presumption and the specific element to which it applies, as 
follows:
			(A)  that the facts giving rise to the presumption 
must be proven beyond a reasonable doubt;
			(B)  that if such facts are proven beyond a 
reasonable doubt the jury may find that the element of the offense 
sought to be presumed exists, but it is not bound to so find;
			(C)  that even though the jury may find the 
existence of such element, the state must prove beyond a reasonable 
doubt each of the other elements of the offense charged;  and
			(D)  if the jury has a reasonable doubt as to the 
existence of a fact or facts giving rise to the presumption, the 
presumption fails and the jury shall not consider the presumption 
for any purpose.
	(b)  When this code or another penal law establishes a 
presumption in favor of the defendant with respect to any fact, it 
has the following consequences:
		(1)  if there is sufficient evidence of the facts that 
give rise to the presumption, the issue of the existence of the 
presumed fact must be submitted to the jury unless the court is 
satisfied that the evidence as a whole clearly precludes a finding 
beyond a reasonable doubt of the presumed fact;  and
		(2)  if the existence of the presumed fact is submitted 
to the jury, the court shall charge the jury, in terms of the 
presumption, that:
			(A)  the presumption applies unless the state 
proves beyond a reasonable doubt that the facts giving rise to the 
presumption do not exist;
			(B)  if the state fails to prove beyond a 
reasonable doubt that the facts giving rise to the presumption do 
not exist, the jury must find that the presumed fact exists;
			(C)  even though the jury may find that the 
presumed fact does not exist, the state must prove beyond a 
reasonable doubt each of the elements of the offense charged;  and
			(D)  if the jury has a reasonable doubt as to 
whether the presumed fact exists, the presumption applies and the 
jury must consider the presumed fact to exist.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  
Amended by Acts 1975, 64th Leg., p. 912, ch. 342, § 2, eff. Sept. 
1, 1975;  Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 
1994;  Acts 2005, 79th Leg., ch. 288, § 2, eff. Sept. 1, 2005.

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Last modified: August 10, 2007