KY 503.080 Protection of property.

KY 503.080 Protection of property.

State: Kentucky

 

Kentucky Revised Statutes (K.R.S.)

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification

503.080 Protection of property.

(1) The use of physical force by a defendant upon another person is justifiable when the

defendant believes that such force is immediately necessary to prevent:

(a) The commission of criminal trespass, robbery, burglary, or other felony

involving the use of force, or under those circumstances permitted pursuant to

KRS 503.055, in a dwelling, building or upon real property in his possession

or in the possession of another person for whose protection he acts; or

(b) Theft, criminal mischief, or any trespassory taking of tangible, movable

property in his possession or in the possession of another person for whose

protection he acts.

(2) The use of deadly physical force by a defendant upon another person is justifiable

under subsection (1) only when the defendant believes that the person against whom

such force is used is:

(a) Attempting to dispossess him of his dwelling otherwise than under a claim of

right to its possession; or

(b) Committing or attempting to commit a burglary, robbery, or other felony

involving the use of force, or under those circumstances permitted pursuant to

KRS 503.055, of such dwelling; or

(c) Committing or attempting to commit arson of a dwelling or other building in

his possession.

(3) A person does not have a duty to retreat if the person is in a place where he or she

has a right to be.

By | 2013-01-09T12:11:08+00:00 January 9th, 2013|Comments Off on KY 503.080 Protection of property.