KY KIJ-Cr §11.11 Self-Protection; Initial Aggressor Qualification

KY KIJ-Cr §11.11 Self-Protection; Initial Aggressor Qualification

State: Kentucky

KENTUCKY INSTRUCTIONS TO JURIES—CRIMINAL (KIJ-Cr 2013)
CHAPTER 11. DEFENSES
Part 2. Justification
KIJ-Cr §11.11 Self-Protection; Initial Aggressor Qualification

Provided, however, that if you believe from the evidence beyond a reasonable doubt that the Defendant was the initial aggressor in the use of physical force, the defense of self-protection is not available to him, unless:

(1)(a) He did not initially intend to cause death or serious physical injury to (victim) and his initial physical force was not such that he thereby created and knew he was creating a substantial risk of death or serious physical injury to (victim);
AND
(b) The force returned or threatened by (victim) was such that the Defendant believed himself to be in imminent danger of death or serious physical injury;
OR

(2)(a) The Defendant withdrew from the initial encounter and effectively communicated to (victim) his intent to do so;
AND
(b) (victim) nevertheless continued or threatened the use of physical force against him.

By | 2015-08-18T15:24:22+00:00 August 18th, 2015|Comments Off on KY KIJ-Cr §11.11 Self-Protection; Initial Aggressor Qualification