K.R.S. KRS 503.010  Kentucky Justifiable Homicide Necessity KY

K.R.S. KRS 503.010 When a person uses Deadly Force in Self Defense the two civil and criminal defenses of Justification (Justifiable Homicide) and Necessity or Choice of Evils become the criminal and civil defenses to liability.   KRS 503.010 is the definition section of the Kentucky Code on Justifiable Homicide and the use of deadly force in self defense. 

 
 
 

 

Nick C. Thompson JD

800 Stone Creek Parkway Suite 6

Louisville, Kentucky

40223

(502)429-0057

K.R.S. KRS 503.010  Kentucky Justifiable Homicide Necessity KY

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KRS 503.010

The Definitions section of the statute set the stage for using Justification as a defense.   Notice that in defining deadly physical force that Kentucky does not specifically set out what the threat of "serious physical injuries" are.  Attorneys may claim that any injury is a serious physical injury.  Only a crippling injury should qualify for the use of deadly force. 

Kentucky does not use immediate danger.  In defending yourself it is no necessary to wait until the person has struck.  This is too late.   Instead you do not have to wait until after you are assaulted when the assault is about to happen.  Prosecutors will often use the term immediate to attempt to require a Defendant to wait until after he is attacked.   Notice that Imminent is used in the statute and not immediate danger there is a substantial difference.   Also together with KRS 505.050 the statutes in Kentucky strongly allows women to use self defense when there is a history of complaints of abuse and this establishes a presumption of a reasonable belief.

The most important section of KRS 503.010 are:

(1) "Deadly physical force" means force which is used with the purpose of causing death or serious physical injury or which the defendant knows to create a substantial risk of causing death or serious physical injury

(3) "Imminent" means impending danger and in the context of domestic violence and abuse (as defined by KRS 403.720) belief that danger is imminent can be inferred from a past pattern or repeated physical abuse.   

Also defined are Dwelling, Physical Force, Residence and vehicle. 

Link to K.R.S. 503.010

Every situation is different this is for information only and this is not legal advice.