2014 Kentucky Revised Statutes CHAPTER 503 - GENERAL PRINCIPLES OF JUSTIFICATION 503.110 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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