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KRS 503.050
The
Use of Physical Force in self protection (Justifiable Homicide) This is the
statute that must be used if a death was a result. Important words are in
bold print for emphasis
The elements of the justification defense are
outlined we have set them out in bold and these are the required elements to
using self defense. Notice that in defining deadly
physical force that Kentucky never sets out what the threat of
"serious physical injuries" are.
Both in this and the definitions section Kentucky
seems to intentionally avoid the term "immediate" danger and uses the term
imminent. Also together
with other sections the statutes in Kentucky strongly allows women to use self
defense and refuses to require retreat.
503.050 Use of physical force
in self-protection -- Admissibility of evidence of prior acts of domestic
violence and abuse.
(1) The use of physical force by a
defendant upon another person is justifiable when the defendant believes that
such force is necessary to protect himself against the use or
imminent use of unlawful physical force by the other
person.
(2) The use of deadly physical
force by a defendant upon another person is justifiable under subsection (1)
only when the defendant believes that such force is necessary to protect
himself against death, serious physical injury, kidnapping, sexual
intercourse compelled by force or threat, felony involving the use of force, or
under those circumstances permitted pursuant to KRS 503.055.
(3) Any evidence presented
by the defendant to establish the existence of a prior act or acts of
domestic violence and abuse as defined in KRS 403.720 by the person against
whom the defendant is charged with employing physical force shall be
admissible under this section.
(4) A person does not have a
duty to retreat prior to the use of deadly physical force.
Effective:
July 12, 2006
Link to
K.R.S.
503.050
Every situation is different this is for
information only and this is not legal advice.
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