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

§ 11.12 Self-Protection; Provocation Qualification

KRS 503.060(2)

Provided, however, that if you believe from the evidence beyond a reasonable doubt that the Defendant provoked __________ (victim) to use or attempt to use physical force upon him, and that he did so with the intention of causing death or serious physical injury to__________ (victim), then the defense of self-protection is not available to him[.] [, unless you further believe from the evidence as follows:]

[(1) The Defendant withdrew from the initial encounter and effectively communicated to__________ (victim) his intent to do so;

AND

(2) __________ (victim) nevertheless continued or threatened the use of unlawful physical force against him.]

 

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