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

§ 11.20Justifiable Conduct; Prevention of Crime

KRS 503.100(1)(b)

Instruction No. __________
Justifiable Conduct

If at the time the Defendant __________ (method) (if he did so), the Defendant believed:

A. That __________ (victim) was then and there about to (method-2) [e.g., enter (3rd party)’s home without right or permission to do so];

AND

B. That __________ (victim)’s intention in [entering (3rd party)’s home was to commit a crime likely to result in substantial damage to or loss of (3rd party)’s property, serious physical injury to another person, or some other act of violence;

then the Defendant was privileged to use such physical force against __________ (victim) as he believed to be immediately necessary in order to prevent __________ (victim) from committing that crime, but including the right to use deadly physical force only if he believed that __________ (victim)’s actions were likely to endanger human life.

 

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