503.080 Protection of property.

298 words·~1 min read·/ky/chapter-503/503-080

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.