A. Except as otherwise provided by act of the Legislature, this statute governs presumptions against an accused, in a criminal case, recognized at common law or created by statute, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt.
§ 2304.Presumptions In Criminal Cases
Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2002 · Last verified August 3, 2026
In one sentenceGoverns presumptions against a criminal defendant, barring the court from directing a jury to find a presumed fact against the accused and requiring a reasonable-doubt instruction whenever a presumed fact establishes guilt, is an element of the offense, or negates a defense.
Full Text of § 2304
B. The court shall not direct the jury to find a presumed fact against an accused. If a presumed fact establishes guilt, is an element of the offense, or negates a defense, the court may submit the question of guilt or of the existence of the presumed fact to the jury, if a reasonable juror considering the evidence as a whole, including the evidence of the basic facts, could find guilt or the presumed fact beyond a reasonable doubt. If the presumed fact has a lesser effect, its existence may be submitted to the jury if the basic facts are supported by substantial evidence, or are otherwise established, unless the evidence as a whole negates the existence of the presumed fact.
C. Whenever the existence of a presumed fact against the accused establishes guilt or is an element of the offense or negatives a defense and is submitted to the jury, the judge shall give an instruction explaining that the jury may regard the basic facts as sufficient evidence of the presumed fact but is not required to do so. Where the presumed fact establishes guilt, is an element of the offense or negatives a defense, the judge also shall instruct the jury that its existence, on all the evidence, must be proved beyond a reasonable doubt.
Amendment History
Laws 1978, SB 276, c. 285, § 304, eff. 10/1/1978; Amended by Laws 2002, HB 1939, c. 468, §29, eff. 11/1/2002.
Plain-English Summary
This section covers presumptions the common law or a statute recognizes against an accused person, including statutes making certain facts prima facie evidence of guilt. Subsection B draws a hard line: the court can never direct the jury to find a presumed fact against the accused. Where the presumed fact goes to guilt, an element, or a defense, the judge may submit the question to the jury only if a reasonable juror, considering all the evidence, could find guilt or the presumed fact beyond a reasonable doubt. A presumed fact with lesser stakes can go to the jury on a lower showing -- substantial evidence of the basic facts -- unless the evidence as a whole negates it.
Subsection C requires a specific instruction whenever one of these presumptions reaches the jury: the jury may treat the basic facts as sufficient evidence of the presumed fact, but isn't required to, and where the presumed fact bears on guilt, an element, or a defense, its existence must be proved beyond a reasonable doubt on all the evidence.
Frequently Asked Questions
Can a judge tell a jury it must find a presumed fact against a criminal defendant?
No. Section 2304(B) says the court shall not direct the jury to find a presumed fact against an accused.
What standard applies when a presumed fact would establish guilt or negate a defense?
The judge may submit it to the jury only if a reasonable juror, considering the evidence as a whole, could find guilt or the presumed fact beyond a reasonable doubt.
Does the jury have to accept the basic facts as proof of the presumed fact?
No. Subsection C requires an instruction that the jury may regard the basic facts as sufficient evidence of the presumed fact but isn't required to.
What standard of proof applies to a presumed fact that establishes guilt?
Beyond a reasonable doubt, on all the evidence -- subsection C requires that instruction whenever the presumed fact establishes guilt, is an element of the offense, or negates a defense.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
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