46.3110 Affirmative defense.

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When the phrase “affirmative defense” is used in this title, it means:

(1) the defense referred to is not submitted to the trier of fact unless supported by evidence; and

(2) if the defense is submitted to the trier of fact, the defendant has the burden of persuasion that the defense is more probably true than not.

History: 1979, PL 16-43 § 2.

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