Kentucky Statutes 503.070 – Protection of another
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(1) The use of physical force by a defendant upon another person is justifiable when:
(a) The defendant believes that such force is necessary to protect a third person against the use or imminent use of unlawful physical force by the other person; and
(b) Under the circumstances as the defendant believes them to be, the person whom he seeks to protect would himself have been justified under KRS
503.050 and 503.060 in using such protection.
(2) The use of deadly physical force by a defendant upon another person is justifiable when:
(a) The defendant believes that such force is necessary to protect a third person against imminent death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS § 503.055; and
(b) Under the circumstances as they actually exist, the person whom he seeks to protect would himself have been justified under KRS § 503.050 and KRS § 503.060 in using such protection.
(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.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 192, sec. 4, effective July 12, 2006. — Created
1974 Ky. Acts ch. 406, sec. 32, effective January 1, 1975.
(a) The defendant believes that such force is necessary to protect a third person against the use or imminent use of unlawful physical force by the other person; and
Terms Used In Kentucky Statutes 503.070
- Deadly physical force: means force which is used with the purpose of causing death or serious physical injury or which the defendant knows to create a substantial risk of causing death or serious physical injury. See Kentucky Statutes 503.010
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Imminent: means impending danger, and, in the context of domestic violence and abuse as defined by KRS §. See Kentucky Statutes 503.010
- Physical force: means force used upon or directed toward the body of another person and includes confinement. See Kentucky Statutes 503.010
(b) Under the circumstances as the defendant believes them to be, the person whom he seeks to protect would himself have been justified under KRS
503.050 and 503.060 in using such protection.
(2) The use of deadly physical force by a defendant upon another person is justifiable when:
(a) The defendant believes that such force is necessary to protect a third person against imminent death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS § 503.055; and
(b) Under the circumstances as they actually exist, the person whom he seeks to protect would himself have been justified under KRS § 503.050 and KRS § 503.060 in using such protection.
(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.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 192, sec. 4, effective July 12, 2006. — Created
1974 Ky. Acts ch. 406, sec. 32, effective January 1, 1975.