Kentucky Castle Doctrine and Stand Your Ground Laws

Castle Doctrine & Stand Your Ground Laws in Kentucky

Kentucky has both a Castle Doctrine and a Stand Your Ground law, codified primarily under KRS 503.055 and KRS 503.080.

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Castle Doctrine (KRS 503.055)

Kentucky law establishes a presumption of reasonable fear of imminent peril of death or great bodily harm when a person uses defensive force (including deadly force) against another person if:

1. The aggressor was unlawfully and forcibly entering (or had unlawfully and forcibly entered) a dwelling, residence, or occupied vehicle, or was attempting to forcibly remove another person from such a location; and
2. The defender knew or had reason to believe that an unlawful and forcible entry or act was occurring or had occurred.

Additionally, a person who unlawfully and by force enters or attempts to enter a dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence (KRS 503.055(4)).

Exceptions to the Presumption

The Castle Doctrine presumption does not apply if:

• The person against whom force is used has a right to be in or is a lawful resident of the dwelling, residence, or vehicle (e.g., owner, lessee, titleholder), unless there is an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person.
• The person sought to be removed is a child or grandchild, or is otherwise in the lawful custody or guardianship of the person against whom force is used.
• The person using defensive force is engaged in unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity.
• The person against whom force is used is a peace officer (as defined in KRS 446.010) entering or attempting to enter in the performance of official duties, and the officer identified himself or herself in accordance with applicable law, or the person using force knew or reasonably should have known the person was a peace officer.

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Stand Your Ground (KRS 503.055(3))

Kentucky is a Stand Your Ground state. Under KRS 503.055(3):

A person who is not engaged in an unlawful activity and who is attacked in any place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to:

• Prevent death or great bodily harm to himself or herself or another; or
• Prevent the commission of a felony involving the use of force.

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Protection of Property (KRS 503.080)

Kentucky law also addresses the use of force in protection of property:

• Physical force is justifiable when the defender believes it is immediately necessary to prevent:

  • Criminal trespass, robbery, burglary, or other felony involving the use of force in a dwelling, building, or real property in the defender's possession (or in the possession of another person for whose protection the defender acts); or
  • Theft, criminal mischief, or any trespassory taking of tangible, movable property.

• Deadly physical force in protection of property is justifiable only when the defender believes the aggressor is:

  • Attempting to dispossess the defender of his or her dwelling (other than under a claim of right to possession); or
  • Committing or attempting to commit burglary, robbery, or other felony involving the use of force of such dwelling, or under circumstances permitted under KRS 503.055.

• Under KRS 503.080(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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Key Takeaways for Concealed Carry Permit Holders

• No duty to retreat anywhere you have a legal right to be, as long as you are not engaged in unlawful activity.
• Deadly force is justified when you reasonably believe it is necessary to prevent death, great bodily harm, or a felony involving the use of force.
• The Castle Doctrine provides a legal presumption in your favor when defending against unlawful, forcible entry into your dwelling, residence, or occupied vehicle.
• The presumption does not apply against lawful residents, law enforcement acting in official capacity, or if you are engaged in unlawful activity.