Kentucky Statutes 503.080 – Protection of property
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(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
(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.
(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
- Deadly physical force: means force which is used with the purpose of causing death or serious physical injury or which the defendant knows to create a substantial risk of causing death or serious physical injury. See Kentucky Statutes 503.010
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dwelling: means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night. 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
- 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.