503.060 Improper use of physical
force in self-protection.
Notwithstanding the provisions of
KRS 503.050, the use of physical force by a defendant upon another person is not
justifiable when:
(1) The defendant is resisting
an arrest by a peace officer, recognized to be acting under color of
official authority and using no more force than reasonably necessary to effect
the arrest, although the arrest is unlawful; or
(2) The defendant, with the
intention of causing death or serious physical injury to the other person,
provokes the use of physical force by such other person; or
(3) The defendant was the
initial aggressor, except that his use of physical force upon the other
person under this circumstance is justifiable when:
(a) His initial physical force
was nondeadly and the force returned by the other is such that he believes
himself to be in imminent danger of death or serious physical injury; or
(b) He withdraws from the
encounter and effectively communicates to the other person his intent to do so
and the latter nevertheless continues or threatens the use of unlawful physical
force.
