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

§ 11.14 Protection of Property (From Damage)

[KRS 503.080(1)]
Instruction No. __________
Protection of Property

A. If at the time the Defendant __________(method) (if he did so), he believed that__________ (victim) was about to intentionally damage the Defendant’s property, and if__________ (victim) neither had the right to damage the Defendant’s property nor any reasonable ground to believe that he had such a right, the Defendant [had no duty to retreat if he was in a place where he had a right to be and] was privileged to use such physical force against__________ (victim) as he believed to be immediately necessary in order to protect his property.

B. Provided, however, if you believe from the evidence beyond a reasonable doubt that in so doing, the Defendant (1) intended to cause death or serious physical injury to__________ (victim), or (2) thereby created, and knew he was creating a substantial risk of death or serious physical injury to__________ (victim), then the Defendant was not so privileged].

 

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