KY 503.060 Improper use of physical force in self-protection.

State: Kentucky


Kentucky Revised Statutes (K.R.S.)

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification

503.060 Improper use of physical force in self-protection.

Notwithstanding the provisions of KRS 503.050, the use of physical force by a defendant

upon another person is not justifiable when:

(1) The defendant is resisting an arrest by a peace officer, recognized to be acting under

color of official authority and using no more force than reasonably necessary to

effect the arrest, although the arrest is unlawful; or

(2) The defendant, with the intention of causing death or serious physical injury to the

other person, provokes the use of physical force by such other person; or

(3) The defendant was the initial aggressor, except that his use of physical force upon

the other person under this circumstance is justifiable when:

(a) His initial physical force was nondeadly and the force returned by the other is

such that he believes himself to be in imminent danger of death or serious

physical injury; or

(b) He withdraws from the encounter and effectively communicates to the other

person his intent to do so and the latter nevertheless continues or threatens the

use of unlawful physical force.