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Kentucky Revised Statutes Title L. Kentucky Penal Code § 503.080.Protection of property

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - Kentucky Revised Statutes Title L. Kentucky Penal Code § 503.080.Protection of property - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-l-kentucky-penal-code/ky-rev-st-sect-503-080/

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