KY 503.055 Use of defensive force regarding dwelling, residence, or occupied vehicle — Exceptions.

State: Kentucky

 

Kentucky Revised Statutes (K.R.S.)

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification

503.055 Use of defensive force regarding dwelling, residence, or occupied vehicle –

Exceptions.

(1) A person is presumed to have held a reasonable fear of imminent peril of death or

great bodily harm to himself or herself or another when using defensive force that is

intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of

unlawfully and forcibly entering or had unlawfully and forcibly entered a

dwelling, residence, or occupied vehicle, or if that person had removed or was

attempting to remove another against that person’s will from the dwelling,

residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an

unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(2) The presumption set forth in subsection (1) of this section does not apply if:

(a) The person against whom the defensive force is used has the right to be in or

is a lawful resident of the dwelling, residence, or vehicle, such as an owner,

lessee, or titleholder, and there is not an injunction for protection from

domestic violence or a written pretrial supervision order of no contact against

that person;

(b) The person sought to be removed is a child or grandchild, or is otherwise in

the lawful custody or under the lawful guardianship of the person against

whom the defensive force is used;

(c) The person who uses defensive force is engaged in an unlawful activity or is

using the dwelling, residence, or occupied vehicle to further an unlawful

activity; or

(d) The person against whom the defensive force is used is a peace officer, as

defined in KRS 446.010, who enters or attempts to enter a dwelling,

residence, or vehicle in the performance of his or her official duties, and the

officer identified himself or herself in accordance with any applicable law or

the person using force knew or reasonably should have known that the person

entering or attempting to enter was a peace officer.

(3) A person who is not engaged in an unlawful activity and who is attacked in any

other place where he or she has a right to be has no duty to retreat and has the right

to stand his or her ground and meet force with force, including deadly force, if he or

she reasonably believes it is necessary to do so to prevent death or great bodily harm

to himself or herself or another or to prevent the commission of a felony involving

the use of force.

(4) A person who unlawfully and by force enters or attempts to enter a person’s

dwelling, residence, or occupied vehicle is presumed to be doing so with the intent

to commit an unlawful act involving force or violence.