Ky. Rev. Stat. § 503.080

Current through Acts Received April 24, 2024

Section 503.080 - [Effective ninety days after adjournment] Protection of property

(1) 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 or her possession or in the possession of another person for whose protection he or she acts;

(b) Theft, criminal mischief, or any trespassory taking of tangible, movable property in his or her possession or in the possession of another person for whose protection he or she acts ; or

(c) The commission of unlawful camping in violation of Section 17 of this Act, when:

1. The offense is occurring on property owned or leased by the defendant;

2. The individual engaged in unlawful camping has been told to cease; and

3. The individual committing the offense has used force or threatened to use force against the defendant.

(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) of this section only when the defendant believes that the person against whom such force is used is:

(a) Attempting to dispossess him or her of his or her 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 or her possession.

(3) 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.

KRS 503.080

Amended by 2024 Ky. Acts ch. TBD,§ 21, eff. ninety days after adjournment.

Effective:7/12/2006
Amended 2006, Ky. Acts ch. 192, sec. 5, effective7/12/2006. -- Created 1974 Ky. Acts ch. 406, sec. 33, effective 1/1/1975.

This section is set out more than once due to postponed, multiple, or conflicting amendments.