503.055 Use of defensive force regarding dwelling, residence, or occupied vehicle --
466 words·~2 min read·
/ky/503-055A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Exceptions.
(1)A person is presumed to have held a reasonable fear of imminent peril of death or
great bodily harm to himself or herself or another when using defensive force that is
intended or likely to cause death or great bodily harm to another if:
(a)The person against whom the defensive force was used was in the process of
unlawfully and forcibly entering or had unlawfully and forcibly entered a
dwelling, residence, or occupied vehicle, or if that person had removed or was
attempting to remove another against that person's will from the dwelling,
residence, or occupied vehicle; and
(b)The person who uses defensive force knew or had reason to believe that an
unlawful and forcible entry or unlawful and forcible act was occurring or had
occurred.
(2)The presumption set forth in subsection
(1)of this section does not apply if:
(a)The person against whom the defensive force is used has the right to be in or
is a lawful resident of the dwelling, residence, or vehicle, such as an owner,
lessee, or titleholder, and there is not an injunction for protection from
domestic violence or a written pretrial supervision order of no contact against
that person;
(b)The person sought to be removed is a child or grandchild, or is otherwise in
the lawful custody or under the lawful guardianship of the person against
whom the defensive force is used;
(c)The person who uses defensive force is engaged in an unlawful activity or is
using the dwelling, residence, or occupied vehicle to further an unlawful
activity; or
(d)The person against whom the defensive force is used is a peace officer, as
defined in KRS 446.010, who enters or attempts to enter a dwelling,
residence, or vehicle in the performance of his or her official duties, and the
officer identified himself or herself in accordance with any applicable law or
the person using force knew or reasonably should have known that the person
entering or attempting to enter was a peace officer.
(3)A person who is not engaged in an unlawful activity and who is attacked in any
other place where he or she has a right to be has no duty to retreat and has the right
to stand his or her ground and meet force with force, including deadly force, if he or
she reasonably believes it is necessary to do so to prevent death or great bodily harm
to himself or herself or another or to prevent the commission of a felony involving
the use of force.
(4)A person who unlawfully and by force enters or attempts to enter a person's
dwelling, residence, or occupied vehicle is presumed to be doing so with the intent
to commit an unlawful act involving force or violence.