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

§ 11.18 Resisting Arrest Qualification; e.g Protection of Another

KRS 503.070; KRS 503.060(1)

Instruction No. __________
Protection of Another

A. If at the time the Defendant __________ (method) (if he did so), he believed that __________ (victim) was then and there about to use [, or believed there was an impending danger that __________ (victim) would use] physical force upon (3rd party), he [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 necessary in order to protect (3rd party) against it; but this privilege included the right to use deadly physical force in so doing, only if:

(1) The Defendant believed that __________ (victim) was then and there about to use [, or believed there was an impending danger that __________ (victim) would use] physical force upon (3rd party) and that it was necessary to use deadly physical force in order to protect (3rd party) from death or serious physical injury] or kidnapping [or sexual intercourse compelled by force or threat] [ID felony involving the use of force] at the hands of __________ (victim);

AND

(2) Under the circumstances as they actually existed, (3rd party), himself, believed [would have believed] (a) that __________ (victim) was then and there about to use [, or believed there was an impending danger that __________ (victim) would use] physical force upon him and (b) that it was necessary to use deadly physical force in order to protect himself from death or serious physical injury [or kidnapping] [or sexual intercourse compelled by force or threat] [ID felony involving the use of force] at the hands of __________ (victim).

[B. Provided, however, if you believe from the evidence beyond a reasonable doubt that on the occasion in question:

(1) __________ (victim) was a peace officer acting under his apparent authority as such and was attempting to arrest (3rd party);
(2) The Defendant or (3rd party) recognized him to be so acting and knew that he was attempting to arrest (3rd party);
(3) (victim) was not using any more force than was reasonably necessary to effect the arrest;

AND

(4) (3rd party) was resisting the arrest; then the Defendant was not so privileged and is not entitled to the defense of Protection of Another.]

 

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