KY 503.120 Justification — General provisions.

State: Kentucky

 

Kentucky Revised Statutes (K.R.S.)

Title L. Kentucky Penal Code

Chapter 503. General Principles of Justification

503.120 Justification — General provisions.

(1) When the defendant believes that the use of force upon or toward the person of

another is necessary for any of the purposes for which such belief would establish a

justification under KRS 503.050 to 503.110 but the defendant is wanton or reckless

in believing the use of any force, or the degree of force used, to be necessary or in

acquiring or failing to acquire any knowledge or belief which is material to the

justifiability of his use of force, the justification afforded by those sections is

unavailable in a prosecution for an offense for which wantonness or recklessness, as

the case may be, suffices to establish culpability.

(2) When the defendant is justified under KRS 503.050 to 503.110 in using force upon

or toward the person of another, but he wantonly or recklessly injures or creates a

risk of injury to innocent persons, the justification afforded by those sections is

unavailable in a prosecution for an offense involving wantonness or recklessness

toward innocent persons.