K.R.S. KRS 503.070  Kentucky Justifiable Homicide Necessity KY

K.R.S. KRS 503.070 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 503.070 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 503.070  Kentucky Justifiable Homicide Necessity KY

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KRS 503.070

The Protection of others.  The major difference in this rule is that a person may have a reasonable mistaken belief that he must defend himself from an attack or he may have a mistaken belief if he uses non deadly force.  

If a person attempts to protect another person with deadly force he can not have a mistaken belief.  The person must actually be himself justified in defending himself.  You can only effectively effectively step into the shoes of the other person if the other person would have been actually justified in using force in self defense. See also 503.120 about mistaken beliefs.  Notice the words of 503.070:

503.070 Protection of another.

(1) The use of physical force by a defendant upon another person is justifiable when:

(a) The defendant believes that such force is necessary to protect a third person against the use or imminent use of unlawful physical force by the other person; and

(b) Under the circumstances as the defendant believes them to be, the person whom he seeks to protect would himself have been justified under KRS 503.050 and 503.060 in using such protection.

(2) The use of deadly physical force by a defendant upon another person is justifiable when:

(a) The defendant believes that such force is necessary to protect a third person against imminent death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055; and

(b) Under the circumstances as they actually exist, the person whom he seeks to protect would himself have been justified under KRS 503.050 and 503.060 in using such protection.

(3) A person does not have a duty to retreat if the person is in a place where he or she has a right to be.

Effective: July 12, 2006

Link to K.R.S. 503.070

 

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