2016 Kentucky Revised Statutes CHAPTER 503 - GENERAL PRINCIPLES OF JUSTIFICATION .085 Justification and criminal and civil immunity for use of permitted force -- Exceptions.
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503.085 Justification and criminal and civil immunity for use of permitted force -Exceptions.
(1)
(2)
(3)
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.
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.
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.
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