§ 78C-40. Burden of proof. - North Carolina Statutes

§78C‑40.  Burden of proof.

In a civil or administrativeproceeding brought under this Chapter, the burden of proving an exemption or anexception from a definition is upon the person claiming it.  In a criminalproceeding brought under this Chapter, the State has no initial burden ofproducing evidence to show that the defendant's actions do not fall within theexemption or exceptions; however, once the defendant introduces evidence toshow that his conduct is within the exemption or exception, the burden ofpersuading the trier of fact that the exemption or exception does not applyfalls upon the State.  (1987 (Reg. Sess., 1988), c. 1098, s. 1.)