W.R.E. 303

(a) Scope. — Except as otherwise provided by statute, in criminal cases, presump-

tions 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.

(b) Submission to jury. — The court is not authorized to direct the jury to find a

presumed fact against the accused. If a presumed fact establishes guilt or is an element

of the offense or negatives a defense, the court may submit the question of guilt or of the

existence of the presumed fact to the jury, 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. If the presumed fact has a lesser effect, the question of

its existence may be submitted to the jury provided the basic facts are supported by

substantial evidence or are otherwise established, unless the court determines that a

reasonable juror on the evidence as a whole could not find the existence of the presumed

fact.

(c) Instructing the jury. — Whenever the existence of a presumed fact against the

accused is submitted to the jury, the court shall instruct the jury that it may regard the

basic facts as sufficient evidence of the presumed fact but is not required to do so. In

addition, if the presumed fact establishes guilt or is an element of the offense or

negatives a defense, the court shall instruct the jury that its existence, on all the

evidence, must be proved beyond a reasonable doubt.