KY KIJ-Cr §11.12 Self-Protection; Provocation Qualification

KY KIJ-Cr §11.12 Self-Protection; Provocation Qualification

State: Kentucky

KENTUCKY INSTRUCTIONS TO JURIES—CRIMINAL (KIJ-Cr 2013)
CHAPTER 11. DEFENSES
Part 2. Justification
KIJ-Cr §11.12 Self-Protection; Provocation Qualification

Provided, however, that if you believe from the evidence beyond a reasonable doubt that the Defendant provoked (victim) to use or attempt to use physical force upon him, and that he did so with the intention of causing death or serious physical injury to (victim), then the defense of self-protection is not available to him[.] [, unless you further believe from the evidence as follows:]

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

By | 2015-08-18T15:31:40+00:00 August 18th, 2015|Comments Off on KY KIJ-Cr §11.12 Self-Protection; Provocation Qualification