There is a newer version of the Kentucky Revised Statutes
2009 Kentucky Revised Statutes
CHAPTER 503 GENERAL PRINCIPLES OF JUSTIFICATION
503.030 Choice of evils.
Download pdfotherwise 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.
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