Penal Law § 25.00

Defenses; burden of proof · as in force on May 31, 2026

§ 25.00 Defenses; burden of proof.

1. When a "defense," other than an "affirmative defense," defined by statute is raised at a trial, the people have the burden of disproving such defense beyond a reasonable doubt.

2. When a defense declared by statute to be an "affirmative defense" is raised at a trial, the defendant has the burden of establishing such defense by a preponderance of the evidence.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/25.00

In plain English

(1) When the defendant raises a statutory defense that is not an affirmative defense, the prosecution must disprove it beyond a reasonable doubt. ★
(2) When the defendant raises a statutory affirmative defense, the defendant must prove it by a preponderance of the evidence. ★

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.