# Neb. Rev. Stat. § 27-303: View Statute 27-303 > Nebraska · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_NE_C27_S27-303 ## Section - **Citation:** Neb. Rev. Stat. § 27-303 - **Heading:** View Statute 27-303 - **Jurisdiction:** Nebraska - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** NE Code / Chapter 27 / Section 27-303 ## Text (1) Except as otherwise provided by statute, in criminal cases, presumptions against an accused, recognized at common law or created by statute, including statutory provisions that certain facts are prima facie evidence of other facts or of guilt, are governed by this rule. (2) The judge is not authorized to direct the jury to find a presumed fact against the accused. When the presumed fact establishes guilt or is an element of the offense or negatives a defense, the judge may submit the question of guilt or of the existence of the presumed fact to the jury, if, but only if, a reasonable juror on the evidence as a whole, including the evidence of the basic facts, could find guilt or the presumed fact beyond a reasonable doubt. When the presumed fact has a lesser effect, its existence may be submitted to the jury if the basic facts are supported by substantial evidence, or are otherwise established, unless the evidence as a whole negatives the existence of the presumed fact. (3) Whenever the existence of a presumed fact against the accused is submitted to the jury, the judge shall give an instruction that the law declares that the jury may regard the basic facts as sufficient evidence of the presumed fact but does not require it to do so. In addition, if the presumed fact establishes guilt or is an element of the offense or negatives a defense, the judge shall instruct the jury that its existence must, on all the evidence, be proved beyond a reasonable doubt. Laws 1975, LB 279, § 10. When a trial court instructs a jury on an inference regarding a specific fact or set of facts, the instruction must specifically include a statement explaining to the jury that it may regard the basic facts as sufficient evidence of the inferred fact, but that it is not required to do so; the instruction must also explain that the existence of the inferred facts must, on all the evidence, be proved beyond a reasonable doubt. State v. Taylor, 282 Neb. 297, 803 N.W.2d 746 (2011). When a trial court instructs a jury on an inference regarding a specific fact or set of facts, the instruction must specifically include a statement explaining to the jury that it may regard the basic facts as sufficient evidence of the inferred fact, but that it is not required to do so; the instruction must also explain that the existence of the inferred facts must, on all the evidence, be proved beyond a reasonable doubt. State v. Taylor, 282 Neb. 297, 803 N.W.2d 746 (2011). References to "presumptions" in this section necessarily include "inferences." Instructions as to presumptions in criminal cases must conform to the requirements of this section. State v. Parks, 245 Neb. 205, 511 N.W.2d 774 (1994). References to "presumptions" in this section necessarily include "inferences." Instructions as to presumptions in criminal cases must conform to the requirements of this section. State v. Parks, 245 Neb. 205, 511 N.W.2d 774 (1994). Under subsection (3) of this section, whenever the jury in a criminal trial is instructed as to the presumption of possession found in section 28-1212, the jury must also be instructed that it is not required to accept the presumption. State v. Stalder, 231 Neb. 896, 438 N.W.2d 498 (1989). Under subsection (3) of this section, whenever the jury in a criminal trial is instructed as to the presumption of possession found in section 28-1212, the jury must also be instructed that it is not required to accept the presumption. State v. Stalder, 231 Neb. 896, 438 N.W.2d 498 (1989). ## Nearby sections - [Neb. Rev. Stat. § 27-101 View Statute 27-101](https://www.frixlaw.com/law-library/statutes/STATE_NE_C27_S27-101.md) - [Neb. Rev. Stat. § 27-102 View Statute 27-102](https://www.frixlaw.com/law-library/statutes/STATE_NE_C27_S27-102.md) - [Neb. Rev. Stat. § 27-103 View Statute 27-103](https://www.frixlaw.com/law-library/statutes/STATE_NE_C27_S27-103.md) - [Neb. Rev. Stat. § 27-104 View Statute 27-104](https://www.frixlaw.com/law-library/statutes/STATE_NE_C27_S27-104.md) - [Neb. Rev. Stat. § 27-105 View Statute 27-105](https://www.frixlaw.com/law-library/statutes/STATE_NE_C27_S27-105.md) - [Neb. Rev. Stat. § 27-106 View Statute 27-106](https://www.frixlaw.com/law-library/statutes/STATE_NE_C27_S27-106.md) - [Neb. Rev. Stat. § 27-201 View Statute 27-201](https://www.frixlaw.com/law-library/statutes/STATE_NE_C27_S27-201.md) - [Neb. Rev. Stat. § 27-301 View Statute 27-301](https://www.frixlaw.com/law-library/statutes/STATE_NE_C27_S27-301.md) - [Neb. Rev. Stat. § 27-302 View Statute 27-302](https://www.frixlaw.com/law-library/statutes/STATE_NE_C27_S27-302.md) - [Neb. Rev. Stat. § 27-303 View Statute 27-303](https://www.frixlaw.com/law-library/statutes/STATE_NE_C27_S27-303.md) - [Neb. Rev. Stat. § 27-401 View Statute 27-401](https://www.frixlaw.com/law-library/statutes/STATE_NE_C27_S27-401.md) - [Neb. Rev. Stat. § 27-402 View Statute 27-402](https://www.frixlaw.com/law-library/statutes/STATE_NE_C27_S27-402.md) - [Neb. Rev. Stat. § 27-403 View Statute 27-403](https://www.frixlaw.com/law-library/statutes/STATE_NE_C27_S27-403.md) - [Neb. Rev. Stat. § 27-404 View Statute 27-404](https://www.frixlaw.com/law-library/statutes/STATE_NE_C27_S27-404.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_NE_C27_S27-303. Check the current official text before relying on it. Not legal advice.