imported post
NAA32 wrote:
I had read that KY passed a "stand your ground" law. Is it only applicable in your home/vehicle/business, or is it like Florida anny where you have a right to be? For example if you were walking and someone pulled kinfe and stated "this is a robbery", would you have to retreat (run)?
NO DUTY TO RETREAT- from KRS
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 possession
or in the possession of another person for whose protection he acts; or
(b) Theft, criminal mischief, or any trespassory taking of tangible, movable
property in his possession or in the possession of another person for whose
protection he acts.
(2) The use of deadly physical force by a defendant upon another person is justifiable
under subsection (1) only when the defendant believes that the person against whom
such force is used is:
(a) Attempting to dispossess him of his 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 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.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 192, sec. 5, effective July 12, 2006. -- Created
1974 Ky. Acts ch. 406, sec. 33, effective January 1, 1975.
Can't be prosecuted either:
503.085 Justification and criminal and civil immunity for use of permitted force --
Exceptions.
(1) A person who uses force as permitted in KRS 503.050, 503.055, 503.070, and
503.080 is justified in using such force and is immune from criminal prosecution
and civil action for the use of such force, unless the person against whom the force
was used is a peace officer, as defined in KRS 446.010, who was acting 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 was a peace officer. As used in this subsection,
the term "criminal prosecution" includes arresting, detaining in custody, and
charging or prosecuting the defendant.