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503.080 Protection of property.
(1)
(2)
(3)
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.
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.
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. 5, effective July 12, 2006. -- Created
1974 Ky. Acts ch. 406, sec. 33, effective January 1, 1975.
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