Kentucky Instructions to Juries – Criminal
CHAPTER 11 DEFENSES
Part 2. Justification

§ 11.11 Self-Protection; Initial Aggressor Qualification

KRS 503.060(3)

Provided, however, that if you believe from the evidence beyond a reasonable doubt that the Defendant was the initial aggressor in the use of physical force, the defense of self-protection is not available to him, unless:

(1)(a) He did not initially intend to cause death or serious physical injury to _____________ (victim) and his initial physical force was not such that he thereby created and knew he was creating a substantial risk of death or serious physical injury to _____________ (victim);

AND

(b) The force returned or threatened by _____________ (victim) was such that the Defendant believed himself to be in imminent danger of death or serious physical injury;

OR

(2)(a) The Defendant withdrew from the initial encounter and effectively communicated to _____________ (victim) his intent to do so;

AND

(b) _____________ (victim) nevertheless continued or threatened the use of physical force against him.

 

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