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deadly force laws for Kentucky

R

revis_jonathan

State Researcher
Joined
Dec 19, 2007
Messages
45
Location
, South Carolina, USA
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.
 
F

FightingGlock19

Regular Member
Joined
Sep 18, 2007
Messages
583
Location
, Kentucky, USA
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
Click to expand...
 
Fallguy

Fallguy

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Sep 21, 2007
Messages
715
Location
McKenzie Tennessee, USA
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




[align=left]503.055 Use of defensive force regarding dwelling, residence, or occupied vehicle --Exceptions.[/align]

[align=left](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:[/align]

[align=left](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[/align]

[align=left](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.[/align]
 
I

I_Hate_Illinois

Regular Member
Joined
Aug 30, 2007
Messages
237
Location
Joliet, Illinois, USA
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




[align=left]503.055 Use of defensive force regarding dwelling, residence, or occupied vehicle --Exceptions.[/align]

[align=left](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:[/align]

[align=left](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[/align]

[align=left](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.[/align]
Click to expand...
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.
 
Fallguy

Fallguy

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Joined
Sep 21, 2007
Messages
715
Location
McKenzie Tennessee, USA
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KRS 503.010 Definitions for chapter.


[align=left](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.[/align]
[align=left](5) "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.[/align]
[align=left](6) "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.[/align]
 
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