Rule 11-302 NMRA
Rule 11-302. Presumptions in criminal cases.
A. Scope. Except as otherwise provided by statute, in criminal cases, presumptions
against an accused are governed by this rule.
B. Submission to jury. The court shall not direct the jury to find a presumed fact
against the accused. When a presumed fact is an element of the offense or negates a
defense, the court may submit the presumed fact for the jury’s consideration only if a
reasonable juror could find the presumed fact proved beyond a reasonable doubt. When
the presumed fact is not an element of the offense or does not negate a defense, its
existence may be submitted to the jury only if a reasonable juror could find that it is
supported by substantial evidence.
C. Instructing the jury. If the presumed fact is an element of the offense or
negates a defense, the court shall instruct the jury that its existence must be proved
beyond a reasonable doubt. If the presumed fact is not an element of the offense or
does not negate a defense, the court shall instruct the jury that it may, but is not
required to, accept the presumed fact, provided the jury finds that it is supported by
substantial evidence.