KY 503.030 Choice of evils.

KY 503.030 Choice of evils.

State: Kentucky

 

Kentucky Revised Statutes (K.R.S.)

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification

503.030 Choice of evils.

(1) Unless inconsistent with the ensuing sections of this code defining justifiable use of

physical force or with some other provisions of law, conduct which would

otherwise constitute an offense is justifiable when the defendant believes it to be

necessary to avoid an imminent public or private injury greater than the injury

which is sought to be prevented by the statute defining the offense charged, except

that no justification can exist under this section for an intentional homicide.

(2) When the defendant believes that conduct which would otherwise constitute an

offense is necessary for the purpose described in subsection (1), but is wanton or

reckless in having such belief, or when the defendant is wanton or reckless in

bringing about a situation requiring the conduct described in subsection (1), the

justification afforded by this section is unavailable in a prosecution for any offense

for which wantonness or recklessness, as the case may be, suffices to establish

culpability.

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