(1) Unless inconsistent with the ensuing sections of this code defining justifiable use of physical force or with some other provisions of law, conduct which would otherwise constitute an offense is justifiable when the defendant believes it to be necessary to avoid an imminent public or private injury greater than the injury which is sought to be prevented by the statute defining the offense charged, except that no justification can exist under this section for an intentional homicide.
(2) When the defendant believes that conduct which would otherwise constitute an offense is necessary for the purpose described in subsection (1), but is wanton or reckless in having such belief, or when the defendant is wanton or reckless in bringing about a situation requiring the conduct described in subsection (1), the justification afforded by this section is unavailable in a prosecution for any offense for which wantonness or recklessness, as the case may be, suffices to establish culpability.

Terms Used In Kentucky Statutes 503.030

  • Imminent: means impending danger, and, in the context of domestic violence and abuse as defined by KRS 403. See Kentucky Statutes 503.010
  • Physical force: means force used upon or directed toward the body of another person and includes confinement. See Kentucky Statutes 503.010

Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 28, effective January 1, 1975.