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 503.080

The Protection of property.  The use of deadly force is normally not proper to merely protect property.  Remember that the Castle Doctrine assumes that a person is under the reasonable belief of death or serious bodily harm while a burglary or arson is in progress. Notice that deadly force is not authorized to merely protect property.   

KRS 503.050, 060 070 080 and 090 outline the 5 elements that you should memorize to the use of deadly force. 

  1. Lethal force can only be used for the protection of life

  2. Threat must be imminent ( in some states immediate is used)

  3. The use of deadly force is only legal for the innocent

  4. Lethal force may only be used against lethal force you can only meet a threat with an equal type of force.     

  5. The belief must be reasonable

Notice the words of 503.080:

503.080 Protection of property.

(1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is immediately necessary to prevent:

(a) The commission of criminal trespass, robbery, burglary, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, in a dwelling, building or upon real property in his possession or in the possession of another person for whose protection he acts; or

(b) Theft, criminal mischief, or any trespassory taking of tangible, movable property in his possession or in the possession of another person for whose protection he acts.

(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that the person against whom such force is used is:

(a) Attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or

(b) Committing or attempting to commit a burglary, robbery, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, of such dwelling; or

(c) Committing or attempting to commit arson of a dwelling or other building in his possession.

(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. 503.080

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