2014 Kentucky Revised Statutes CHAPTER 503 - GENERAL PRINCIPLES OF JUSTIFICATION 503.055 Use of defensive force regarding dwelling, residence, or occupied vehicle -- Exceptions.
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503.055 Use of defensive force regarding dwelling, residence, or occupied
vehicle -- Exceptions.
(1)
(2)
(3)
(4)
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.
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.
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.
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.
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