2016 Kentucky Revised Statutes CHAPTER 503 - GENERAL PRINCIPLES OF JUSTIFICATION .110 Use of force by person with responsibility for care, discipline, or safety of others.
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503.110 Use of force by person with responsibility for care, discipline, or safety of
others.
(1)
(2)
(3)
(4)
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.
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.
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.
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.
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