Could you please help me understand the answer to this question? Thanks.

The State of Grace passes a new statute that makes it a crime for a person to intentionally cause bodily harm to another. The statute includes an affirmative defense that absolves a defendant from any criminal liability if he or she proves by a preponderance of the evidence that the harm was caused accidentally.

Is this statute constitutional underMullaneyandPatterson?

a. No, because it makes the defendant bear a burden of production on the affirmative defense.

b. No, because it requires the defendant to disprove an element of the substantive crime.

c. Yes, because punishment can only be imposed if the substantive crime is proven.

d. Yes, because it requires the state to prove also elements of the substantive crime beyond a reaosnable doubt.