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Kentucky Revised Statutes Title L. Kentucky Penal Code § 503.060.Improper use of physical force in self-protection

Current as of January 01, 2024 | Updated by FindLaw Staff

Notwithstanding the provisions of KRS 503.050, the use of physical force by a defendant upon another person is not justifiable when:

(1) The defendant is resisting an arrest by a peace officer, recognized to be acting under color of official authority and using no more force than reasonably necessary to effect the arrest, although the arrest is unlawful; or

(2) The defendant, with the intention of causing death or serious physical injury to the other person, provokes the use of physical force by such other person; or

(3) The defendant was the initial aggressor, except that his use of physical force upon the other person under this circumstance is justifiable when:

(a) His initial physical force was nondeadly and the force returned by the other is such that he believes himself to be in imminent danger of death or serious physical injury; or

(b) He withdraws from the encounter and effectively communicates to the other person his intent to do so and the latter nevertheless continues or threatens the use of unlawful physical force.

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Cite this article: FindLaw.com - Kentucky Revised Statutes Title L. Kentucky Penal Code § 503.060.Improper use of physical force in self-protection - last updated January 01, 2024 | https://codes.findlaw.com/ky/title-l-kentucky-penal-code/ky-rev-st-sect-503-060/

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