(1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is immediately necessary to prevent:
(a) The commission of criminal trespass, robbery, burglary, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, in a dwelling, building or upon real property in his possession or in the possession of another person for whose protection he acts; or

Terms Used In Kentucky Statutes 503.080

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

(b) Theft, criminal mischief, or any trespassory taking of tangible, movable property in his possession or in the possession of another person for whose protection he acts.
(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that the person against whom such force is used is:
(a) Attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or
(b) Committing or attempting to commit a burglary, robbery, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, of such dwelling; or
(c) Committing or attempting to commit arson of a dwelling or other building in his possession.
(3) A person does not have a duty to retreat if the person is in a place where he or she has a right to be.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 192, sec. 5, effective July 12, 2006. — Created
1974 Ky. Acts ch. 406, sec. 33, effective January 1, 1975.