Results 1 to 6 of 6

Thread: deadly force laws for Kentucky

  1. #1
    State Researcher
    Join Date
    Dec 2007
    Location
    , South Carolina, USA
    Posts
    45

    Post imported post

    What is the deadly force laws inKentucky for:

    1- Homeowners

    2-In public places

    3-In hotels

    4-In a vehicle



    I'm familiar with SC very well, but over the years the laws kinda blend together.

  2. #2
    Regular Member
    Join Date
    Sep 2007
    Location
    , Kentucky, USA
    Posts
    275

    Post imported post

    for deadly force in a self-defence situation in KY there, basically,has to be a fear of death or grave bodily harm.

  3. #3
    Regular Member
    Join Date
    Sep 2007
    Location
    , Kentucky, USA
    Posts
    275

    Post imported post

    I thought I'd go ahead and quote the deadly force law, it applies anywhere ...
    KRS 503.050 (2) - The use of deadly physical force by a defendant upon another is justifiable under subsection (1) only when the defendant believes that such force is necessary to protect himself against death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055

  4. #4
    Regular Member Fallguy's Avatar
    Join Date
    Sep 2007
    Location
    McKenzie Tennessee, USA
    Posts
    705

    Post imported post

    It would appear that as in many states that in the places 1, 3 and 4 that you mention, the law presumes you are in fear of your life if the person unlawfully enters or tries to enter those places.

    KRS 503.055




    503.055 Use of defensive force regarding dwelling, residence, or occupied vehicle --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.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

  5. #5
    Regular Member
    Join Date
    Aug 2007
    Location
    Joliet, Illinois, USA
    Posts
    237

    Post imported post

    Fallguy wrote:
    It would appear that as in many states that in the places 1, 3 and 4 that you mention, the law presumes you are in fear of your life if the person unlawfully enters or tries to enter those places.

    KRS 503.055




    503.055 Use of defensive force regarding dwelling, residence, or occupied vehicle --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.
    I'm not sure how Ky defines this, but one of the things that a lot of other states have done when passing Castle Doctrine laws in legally defined the term 'Dwelling' as a person's home, car, fixed place of business, or anywhere that person has a legal right to be. Again, I'm not positive, but usually a Castle Doctrine law is several pieces of legislation and that is one of them.

  6. #6
    Regular Member Fallguy's Avatar
    Join Date
    Sep 2007
    Location
    McKenzie Tennessee, USA
    Posts
    705

    Post imported post

    KRS 503.010 Definitions for chapter.


    (2) "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.

    (5) "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.

    (6) "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." -- Thomas Jefferson

    "They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." -- Benjamin Franklin

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •