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

§ 11.16 Protection Against violent felony; e.g. Burglary

KRS 503.080(2)(b)

Instruction No. __________
Protection Against Burglary

If at the time the Defendant __________ (method) (if he did so), he believed that __________ (victim) had entered or was attempting to enter, or had remained in the Defendant’s dwelling without the permission of the Defendant or any other person authorized to give such permission, and that __________ (victim)’s intention in so doing was to commit a crime therein (or state elements of robbery or other felony involving force), 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 prevent it.

 

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