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KRS 503.030
Justification is a defense only under this statute when
and act was
intentional and non fatal. Notice that there is no justification for
an intentional homicide under this section. Instead you must use
Justification 503.050 if
a homicide was intentional.
In any prosecution for an
offense Justification as defined under the 503 chapter is a defense.
Ky. Rev. Stat. Ann. 501.070-.090 & 503.030 list mistake, duress,
intoxication and justification as defenses. Generally the choice of evils argument is that I
assaulted the person so that someone would not die.
The defense is a weighing of the possible harms that allows an assault to
prevent a homicide or the threat of a firearm to prevent an actual assault.
503.030 Choice of evils.
(1) Unless inconsistent with the ensuing sections of this code
defining justifiable use of physical force or with some other provisions of law, conduct
which would otherwise constitute an offense is justifiable when the
defendant believes it to be necessary to avoid an imminent public or private injury greater
than the injury which is sought to be prevented by the statute defining the
offense charged, except that no justification can exist under this section for an
intentional homicide.
(2) When the defendant believes that conduct which would
otherwise constitute an offense is necessary for the purpose described in subsection
(1), but is wanton or reckless in having such belief, or when the defendant is wanton
or reckless in bringing about a situation requiring the conduct described in
subsection (1), the justification afforded by this section is unavailable in a
prosecution for any offense for which wantonness or recklessness, as the case may be,
suffices to establish culpability.
Link to
K.R.S.
503.030
Every situation is different this is for
information only and this is not legal advice.
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