# I.R.E. 303: Rule 303. Presumptions in Criminal Cases

> Idaho · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R303

## Section

- **Citation:** I.R.E. 303
- **Heading:** Rule 303. Presumptions in Criminal Cases
- **Jurisdiction:** Idaho
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Idaho Court Rules / Idaho Rules of Evidence / I.R.E. 303

## Text

(a) Scope.
Unless otherwise provided by statute, in criminal cases presumptions that operate against the defendant, recognized at common law or created by statute, are governed by this rule.  For purposes of this rule, statutory provisions that certain facts are prima facie evidence of other facts or of guilt are treated as presumptions.
(b)  Submission to Jury.
The court may submit the question of guilt or of the existence of a presumed fact to the jury only if, on the evidence as a whole, a reasonable juror could find guilt or the presumed fact beyond a reasonable doubt.
(c)  Instructing the Jury.
When the existence of a presumed fact operates against the defendant:
(1) the court must not instruct the jury to find a presumed fact against the defendant and must not instruct the jury in terms of a presumption;
(2) the court must instruct the jurors that they may draw reasonable inferences from facts proved beyond a reasonable doubt and may convict the defendant in reliance upon an inference of fact if they find that such inference is valid and if they find that the evidence as a whole, including the inference, convinces them beyond a reasonable doubt that the defendant is guilty.

## Nearby sections

- [I.R.E. 101 Rule 101. Title and Scope](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R101.md)
- [I.R.E. 102 Rule 102. Purpose and Construction](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R102.md)
- [I.R.E. 103 Rule 103. Rulings on Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R103.md)
- [I.R.E. 104 Rule 104. Preliminary Questions](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R104.md)
- [I.R.E. 105 Rule 105. Limiting Evidence That Is Not Admissible Against Other Parties or for Other Purposes](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R105.md)
- [I.R.E. 106 Rule 106. Remainder of or Related Writings or Recorded Statements](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R106.md)
- [I.R.E. 201 Rule 201. Judicial Notice of Adjudicative Facts](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R201.md)
- [I.R.E. 301 Rule 301. Presumptions in Civil Cases Generally](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R301.md)
- [I.R.E. 302 Rule 302. Applying Federal law to Presumptions in civil cases](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R302.md)
- [I.R.E. 303 Rule 303. Presumptions in Criminal Cases](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R303.md)
- [I.R.E. 401 Rule 401. Test for Relevant Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R401.md)
- [I.R.E. 402 Rule 402. General Admissibility of Relevant Evidence](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R402.md)
- [I.R.E. 403 Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R403.md)
- [I.R.E. 404 Rule 404. Character Evidence; Crimes or Other Acts](https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R404.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SRULES_ID_IRE_R303. Check the current official text before relying on it. Not legal advice.