60-416.
Burden of proof not relaxed as to some presumptions; criminal cases, permissive presumption or inference.
(a) A presumption, which by a rule of law may be overcome only by proof beyond a reasonable doubt or by clear and convincing evidence, shall not be affected by K.S.A. 60-414 or 60-415, and amendments thereto, and the burden of proof to overcome it continues on the party against whom the presumption operates.
(b) (1) In a criminal case, any presumption or inference against the defendant created by statute or common law, including, but not limited to, a presumption or inference that certain facts are prima facie evidence of another fact or of guilt, is permissive. The trier of fact may accept or reject the presumption or inference in each case, and the judge shall not direct the jury to find a fact against the defendant. The judge may instruct the jury on the presumption or inference only if the presumption or inference is supported by the facts.
(2) When the judge instructs the jury on a presumption or inference against the defendant, the judge shall instruct the jury that:
(A) The jury may consider the presumption or inference along with all other evidence in the case;
(B) the jury may accept or reject the presumption or inference in determining whether the prosecution has met the burden of proof; and
(C) the burden of proof never shifts to the defendant.
History:
L. 1963, ch. 303, 60-416; L. 2024, ch. 98, § 2; July 1.
Notes of Decisions
Cited in
17
cases (
2 in the last 5 years), 1968–2026 · leading case:
McMurray v. Crawford, 594 P.2d 1109 (Kan. Ct. App. 1979).
McMurray v. Crawford, 594 P.2d 1109 (Kan. Ct. App. 1979).
· cites it 5× ““Subject to K.S.A. 60-416, and except for presumptions which are conclusive or irrefutable under the rules of law from which they arise, (a) if the facts from which the presumption is derived have any probative value as evidence of the existence of the presumed fact, the…”
Dauffenbach v. City of Wichita, 667 P.2d 380 (Kan. 1983).
· cites it 2× “"Subject to K.S.A. 60-416, and except for presumptions which are conclusive or irrefutable under the rules of law from which they arise, ( a ) if the facts from which the presumption is derived have any probative value as evidence of the existence of the presumed fact, the…”
In The Interest Of K.R., 233 P.3d 746 (Kan. Ct. App. 2010).
“60-416, and except for presumptions which are conclusive or irrefutable under the rules of law from which they arise, (a) if the facts from which the presumption is derived have any probative value as evidence of the existence of the presumed fact, the presumption continues to…”
State v. Hunt, 176 P.3d 183 (Kan. 2008).
“See K.S.A. 60-416 (burden of proof not relaxed where a presumption must be overcome by proof be *864 yond a reasonable doubt).”
Mason v. Texaco, Inc., 741 F. Supp. 1472 (D. Kan. 1990).
“§ 60-414, which provides in full: Subject to K.S.A. 60-416 [inconsistent presumptions], and except for presumptions which are conclusive or irrefutable under the rules of law from which they arise, (a) if the facts from which the presumption is derived have any probative value…”
Akin v. Est. of Hill, 440 P.2d 585 (Kan. 1968).
· cites it 2× “It reads as follows: “Subject to section 60-416, and except for presumptions which are conclusive or irrefutable under the rules of law from which they arise, (a) if the facts from which the presumption is derived have any probative value as evidence of the existence of the…”
In the Interest of J.L., 891 P.2d 1125 (Kan. Ct. App. 1995).
“60-414 provides as follows: Subject to K.S.A. 60-416, and except for presumptions which are conclusive or irrefutable under the rules of law from which they arise, (a) if the facts from which the presumption is derived have any probative value as evidence of the existence of the…”
In the Interest of E.T., 137 P.3d 1035 (Kan. Ct. App. 2006).
“60-414 states: “Subject to K.S.A. 60-416, and except for presumptions which are conclusive or irrefutable under the rules of law from which they arise, (a) if the facts from which the presumption is derived have any probative value as evidence of the existence of the presumed…”
In the Interest of J.S., 208 P.3d 802 (Kan. Ct. App. 2009).
“60-414, which provides: “Subject to K.S.A. 60-416, and except for presumptions which are conclusive or irrefutable under the rules of law from which they arise, (a) if the facts from which the presumption is derived have any probative value as evidence of the existence of the…”
State v. 1978 Chevrolet Auto., 835 P.2d 1376 (Kan. Ct. App. 1992).
“60-416, and except for presumptions which are conclusive or irrefutable under the rules of law from which they arise, (a) if the facts from which the presumption is derived, have any probative value as evidence of the existence of the presumed fact, the presumption continues to…”
In re G.M.A., 43 P.3d 881 (Kan. Ct. App. 2002).
“Standard of Proof Last, the maternal grandmother argues the district court erred in finding the standard of proof was by the preponderance of the evidence. She claims that because K.”
State v. Beeson (Kan. Ct. App. 2026).
· cites it 13× “But the district court failed to include a limiting instruction on burden of proof under K.S.A. 60-416(b)(2). While not requested at trial, Beeson claims the following language should have accompanied the instruction: "You may consider (this inference) (these inferences) along…”
— K.S.A. § 60-416(b)(2) — 1 case
State v. Beeson (Kan. Ct. App. 2026).
“But the district court failed to include a limiting instruction on burden of proof under K.S.A. 60-416(b)(2). While not requested at trial, Beeson claims the following language should have accompanied the instruction: "You may consider (this inference) (these inferences) along…”
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