Is the "natural and probable consequences" charge in the context of sexual assault a burden-shifting charge?

MultiRegion, United States of America

The following excerpt is from Rivera v. Coombe, 683 F.2d 697 (2nd Cir. 1982):

Thus, the "natural and probable consequences" charge, particularly when, as here, it contains the phrase "unless the contrary appears from the evidence," is a burden-shifting charge which has the potential for misleading the jury with respect to the requirement that the government must prove every element of an offense beyond a reasonable doubt. United States v. Barash, 365 F.2d 395, 402-03 (2d Cir. 1966) (Friendly, J.); see United States v. Erb, 543 F.2d 438, 447 (2d Cir. 1976).

545 F.2d at 306.

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