Ky. Rev. Stat. § 503.080

Current through 2024 Ky. Acts ch. 225
Section 503.080 - Protection of property
(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 or her possession or in the possession of another person for whose protection he or she acts;
(b) Theft, criminal mischief, or any trespassory taking of tangible, movable property in his or her possession or in the possession of another person for whose protection he or she acts; or
(c) The commission of unlawful camping in violation of KRS 511.110, when:
1. The offense is occurring on property owned or leased by the defendant;
2. The individual engaged in unlawful camping has been told to cease; and
3. The individual committing the offense has used force or threatened to use force against the defendant.
(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) of this section only when the defendant believes that the person against whom such force is used is:
(a) Attempting to dispossess him or her of his or her 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 or her 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.

KRS 503.080

Amended by 2024 Ky. Acts ch. 174,§ 21, eff. 7/15/2024.
Effective:7/12/2006
Amended 2006, Ky. Acts ch. 192, sec. 5, effective7/12/2006. -- Created 1974 Ky. Acts ch. 406, sec. 33, effective 1/1/1975.