KY KIJ-Cr §11.18 Protection of Another; Resisting Arrest Qualification

KY KIJ-Cr §11.18 Protection of Another; Resisting Arrest Qualification

State: Kentucky

KENTUCKY INSTRUCTIONS TO JURIES—CRIMINAL (KIJ-Cr 2013)
CHAPTER 11. DEFENSES
Part 2. Justification
KIJ-Cr §11.18 Protection of Another; Resisting Arrest Qualification

Protection of Another

A. If at the time the Defendant (method) (if he did so), he believed that 9victim) was then and there about to use [, or believed there was in impending danger that (victim) would use] physical force upon (3rd party), he was privileged to use such physical force against (victim) as he believed to be necessary in order to protect (3rd party) against it; but this privilege included the right to use deadly physical force in so doing, only if:

(1) The Defendant believed that (victim) was then and there about to use [, or believed there was an impending danger that (victim) would use] physical force upon (3rd party) and that it was necessary to use deadly physical force in order to protect (3rd party) from death or serious physical injury [or kidnapping] [or sexual intercourse compelled by force or threat] at the hands of (victim).

[B. Provided, however, if you believe from the evidence beyond a reasonable doubt that on the occasion in question:

(1) (victim) was a peace officer acting under his apparent authority as such and was attempting to arrest (3rd party);
(2) The Defendant or (3rd party) recognized him to be so acting and knew that he was attempting to arrest (3rf party);
(3) (victim) was not using any more force than was reasonably necessary to effect the arrest;
AND
(4) (3rd party) was resisting the arrest; then the Defendant was not so privileged and is not entitled to the defense of Protection of Another.

By | 2015-08-18T15:30:50+00:00 August 18th, 2015|Comments Off on KY KIJ-Cr §11.18 Protection of Another; Resisting Arrest Qualification