KY 503.085 Justification and criminal and civil immunity for use of permitted force — Exceptions.

KY 503.085 Justification and criminal and civil immunity for use of permitted force — Exceptions.

State: Kentucky

 

Kentucky Revised Statutes (K.R.S.)

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification

503.085 Justification and criminal and civil immunity for use of permitted force —

Exceptions.

(1) A person who uses force as permitted in KRS 503.050, 503.055, 503.070, and

503.080 is justified in using such force and is immune from criminal prosecution

and civil action for the use of such force, unless the person against whom the force

was used is a peace officer, as defined in KRS 446.010, who was acting 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 was a peace officer. As used in this subsection,

the term “criminal prosecution” includes arresting, detaining in custody, and

charging or prosecuting the defendant.

(2) A law enforcement agency may use standard procedures for investigating the use of

force as described in subsection (1) of this section, but the agency may not arrest the

person for using force unless it determines that there is probable cause that the force

that was used was unlawful.

(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss

of income, and all expenses incurred by the defendant in defense of any civil action

brought by a plaintiff, if the court finds that the defendant is immune from

prosecution as provided in subsection (1) of this section.

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