GENERAL PRINCIPLES OF JUSTIFICATION

KRS tit. L, ch. 503

in effect

KRS 503.010 Definitions for chapter

503.010. Definitions for chapter The following definitions apply in this chapter unless the context otherwise requires: (1) "Deadly physical force" means force which is used with the purpose of causing death or serious physical injury or which the defendant knows to create a substantial risk of causing death or serious physical injury. (2) "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night. (3) "Imminent" means impending danger, and, in the context of domestic violence and abuse as defined by KRS 403.720, belief that danger is imminent can be inferred from a past pattern of repeated serious abuse. (4) "Physical force" means force used upon or directed toward the body of another person and includes confinement. (5) "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest. (6) "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property. Effective: July 12, 2006 History: Amended 2006 Ky. Acts ch. 192, sec. 1, effective July 12, 2006. -- Amended 1992 Ky. Acts ch. 173, sec. 1, effective July 14, 1992. -- Created 1974 Ky. Acts ch. 406, sec. 26, effective January 1, 1975.

KRS 503.020 Justification -- A defense

503.020. Justification -- A defense In any prosecution for an offense, justification, as defined in this chapter, is a defense. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 27, effective January 1, 1975.

KRS 503.030 Choice of evils

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. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 28, effective January 1, 1975.

KRS 503.040 Execution of public duty

503.040. Execution of public duty (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 it is required or authorized by a provision of law imposing a public duty or by a judicial decree. (2) The justification afforded by subsection (1) applies when: (a) The defendant believes his conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or (b) The defendant believes his conduct to be required or authorized to assist a public officer in the performance of his duties, notwithstanding that the officer exceeded his legal authority. Effective: January 1, 1975 History: 1974 Ky. Acts ch. 406, sec. 29, effective January 1, 1975.

KRS 503.050 Use of physical force in self-protection -- Admissibility of evidence of prior acts of domestic violence and abuse

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 History: Amended 2006 Ky. Acts ch. 192, sec. 3, effective July 12, 2006. -- Amended 1992 Ky. Acts ch. 173, sec. 2, effective July 14, 1992. -- Created 1974 Ky. Acts ch. 406, sec. 30, effective January 1, 1975.

KRS 503.055 Use of defensive force regarding dwelling, residence, or occupied vehicle -- Exceptions

503.055. Use of defensive force regarding dwelling, residence, or occupied vehicle -- Exceptions (1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if: (a) The person against whom the defensive force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person's will from the dwelling, residence, or occupied vehicle; and (b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred. (2) The presumption set forth in subsection (1) of this section does not apply if: (a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; (b) The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the defensive force is used; (c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or (d) The person against whom the defensive force is used is a peace officer, as defined in KRS 446.010, who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties, and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a peace officer. (3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a felony involving the use of force. (4) A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 192, sec. 2, effective July 12, 2006.

KRS 503.060 Improper use of physical force in self-protection

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. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 31, effective January 1, 1975.

KRS 503.070 Protection of another

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 History: Amended 2006 Ky. Acts ch. 192, sec. 4, effective July 12, 2006. -- Created 1974 Ky. Acts ch. 406, sec. 32, effective January 1, 1975.

KRS 503.080 Protection of property

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 or her possession or in the possession of another person for whose protection he or she acts; (b) Theft, criminal mischief, or any trespassory taking of tangible, movable property in his or her possession or in the possession of another person for whose protection he or she acts; or (c) The commission of unlawful camping in violation of KRS 511.110, when: 1. The offense is occurring on property owned or leased by the defendant; 2. The individual engaged in unlawful camping has been told to cease; and 3. The individual committing the offense has used force or threatened to use force against the defendant. (2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) of this section only when the defendant believes that the person against whom such force is used is: (a) Attempting to dispossess him or her of his or her 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 or her 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 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 21, effective July 15, 2024. -- Amended 2006 Ky. Acts ch. 192, sec. 5, effective July 12, 2006. -- Created 1974 Ky. Acts ch. 406, sec. 33, effective January 1, 1975.

KRS 503.085 Justification and criminal and civil immunity for use of permitted force -- Exceptions

503.085. Justification and criminal and civil immunity for use of permitted force -- Exceptions (1) A person who uses force as permitted in KRS 503.050, 503.055, 503.070, and 503.080 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom the force was used is a peace officer, as defined in KRS 446.010, who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law, or the person using force knew or reasonably should have known that the person was a peace officer. As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant. (2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1) of this section, but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful. (3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff, if the court finds that the defendant is immune from prosecution as provided in subsection (1) of this section. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 192, sec. 6, effective July 12, 2006.

KRS 503.090 Use of physical force in law enforcement

503.090. Use of physical force in law enforcement (1) The use of physical force by a defendant upon another person is justifiable when the defendant, acting under official authority, is making or assisting in making an arrest, and he: (a) Believes that such force is necessary to effect the arrest; (b) Makes known the purpose of the arrest or believes that it is otherwise known or cannot reasonably be made known to the person to be arrested; and (c) Believes the arrest to be lawful. (2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when: (a) The defendant, in effecting the arrest, is authorized to act as a peace officer; and (b) The arrest is for a felony involving the use or threatened use of physical force likely to cause death or serious physical injury; and (c) The defendant believes that the person to be arrested is likely to endanger human life unless apprehended without delay. (3) The use of physical force, including deadly physical force, by a defendant upon another person is justifiable when the defendant is preventing the escape of an arrested person and when the force could justifiably have been used to effect the arrest under which the person is in custody, except that a guard or other person authorized to act as a peace officer is justified in using any force, including deadly force, which he believes to be necessary to prevent the escape of a person from jail, prison, or other institution for the detention of persons charged with or convicted of a crime. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 34, effective January 1, 1975.

KRS 503.100 Prevention of a suicide or crime

503.100. Prevention of a suicide or crime (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 such other person from: (a) Committing suicide or inflicting serious physical injury upon himself; or (b) Committing a crime involving or threatening serious physical injury to person, substantial damage to or loss of property, or any other violent conduct. (2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1)(b) only when the defendant believes that the person whom he seeks to prevent from committing a crime is likely to endanger human life. (3) The limitations imposed on the justifiable use of force in self-protection by KRS 503.050 and 503.060, for the protection of others by KRS 503.070, for the protection of property by KRS 503.080, and for the effectuation of an arrest or the prevention of an escape by KRS 503.090 apply notwithstanding the criminality of the conduct against which such force is used. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 35, effective January 1, 1975.

KRS 503.110 Use of force by person with responsibility for care, discipline, or safety of others

503.110. Use of force by person with responsibility for care, discipline, or safety of others (1) The use of physical force by a defendant upon another person is justifiable when the defendant is a parent, guardian, or other person entrusted with the care and supervision of a minor or an incompetent person or when the defendant is a teacher or other person entrusted with the care and supervision of a minor, for a special purpose, and: (a) The defendant believes that the force used is necessary to promote the welfare of a minor or mentally disabled person or, if the defendant's responsibility for the minor or mentally disabled person is for a special purpose, to further that special purpose or maintain reasonable discipline in a school, class, or other group; and (b) The force that is used is not designed to cause or known to create a substantial risk of causing death, serious physical injury, disfigurement, extreme pain, or extreme mental distress. (2) The use of physical force by a defendant upon another person is justifiable when the defendant is a warden or other authorized official of a correctional institution, and: (a) The defendant believes that the force used is necessary for the purpose of enforcing the lawful rules of the institution; (b) The degree of force used is not forbidden by any statute governing the administration of the institution; and (c) If deadly force is used, its use is otherwise justifiable under this code. (3) The use of physical force by a defendant upon another person is justifiable when the defendant is a person responsible for the operation of or the maintenance of order in a vehicle or other carrier of passengers and the defendant believes that such force is necessary to prevent interference with its operation or to maintain order in the vehicle or other carrier, except that deadly physical force may be used only when the defendant believes it necessary to prevent death or serious physical injury. (4) The use of physical force by a defendant upon another person is justifiable when the defendant is a doctor or other therapist or a person assisting him at his direction, and: (a) The force is used for the purpose of administering a recognized form of treatment which the defendant believes to be adapted to promoting the physical or mental health of the patient; and (b) The treatment is administered with the consent of the patient or, if the patient is a minor or a mentally disabled person, with the consent of the parent, guardian, or other person legally competent to consent in his behalf, or the treatment is administered in an emergency when the defendant believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent. Effective: July 1, 1982 History: Amended 1982 Ky. Acts ch. 141, sec. 135, effective July 1, 1982. -- Created 1974 Ky. Acts ch. 406, sec. 36, effective January 1, 1975. Note: 1980 Ky. Acts ch. 396, sec. 147 would have amended this section effective July 1, 1982. However, 1980 Ky. Acts ch. 396 was repealed by 1982 Ky. Acts ch. 141, sec. 146, also effective July 1, 1982.

KRS 503.120 Justification -- General provisions

503.120. Justification -- General provisions (1) When the defendant believes that the use of force upon or toward the person of another is necessary for any of the purposes for which such belief would establish a justification under KRS 503.050 to 503.110 but the defendant is wanton or reckless in believing the use of any force, or the degree of force used, to be necessary or in acquiring or failing to acquire any knowledge or belief which is material to the justifiability of his use of force, the justification afforded by those sections is unavailable in a prosecution for an offense for which wantonness or recklessness, as the case may be, suffices to establish culpability. (2) When the defendant is justified under KRS 503.050 to 503.110 in using force upon or toward the person of another, but he wantonly or recklessly injures or creates a risk of injury to innocent persons, the justification afforded by those sections is unavailable in a prosecution for an offense involving wantonness or recklessness toward innocent persons. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 37, effective January 1, 1975.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=39367Fetched: 10/20/2026