Kentucky Statutes 503.060 – Improper use of physical force in self-protection
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Notwithstanding the provisions of KRS § 503.050, the use of physical force by a defendant upon another person is not justifiable when:
(1) The defendant is resisting an arrest by a peace officer, recognized to be acting under color of official authority and using no more force than reasonably necessary to effect the arrest, although the arrest is unlawful; or
(2) The defendant, with the intention of causing death or serious physical injury to the other person, provokes the use of physical force by such other person; or
(3) The defendant was the initial aggressor, except that his use of physical force upon the other person under this circumstance is justifiable when:
(a) His initial physical force was nondeadly and the force returned by the other is such that he believes himself to be in imminent danger of death or serious physical injury; or
(b) He withdraws from the encounter and effectively communicates to the other person his intent to do so and the latter nevertheless continues or threatens the use of unlawful physical force.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 31, effective January 1, 1975.
(1) The defendant is resisting an arrest by a peace officer, recognized to be acting under color of official authority and using no more force than reasonably necessary to effect the arrest, although the arrest is unlawful; or
Terms Used In Kentucky Statutes 503.060
- Arrest: Taking physical custody of a person by lawful authority.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Imminent: means impending danger, and, in the context of domestic violence and abuse as defined by KRS §. 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
(2) The defendant, with the intention of causing death or serious physical injury to the other person, provokes the use of physical force by such other person; or
(3) The defendant was the initial aggressor, except that his use of physical force upon the other person under this circumstance is justifiable when:
(a) His initial physical force was nondeadly and the force returned by the other is such that he believes himself to be in imminent danger of death or serious physical injury; or
(b) He withdraws from the encounter and effectively communicates to the other person his intent to do so and the latter nevertheless continues or threatens the use of unlawful physical force.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 31, effective January 1, 1975.