Kentucky Use of Force and Self-Defense Laws

Use of Force Laws in Kentucky

Kentucky's use of force laws are codified in KRS Chapter 503. The following statutes govern the justifiable use of physical and deadly physical force.

KRS 503.040 – Execution of Public Duty

Conduct that would otherwise constitute an offense is justifiable when it is required or authorized by a provision of law imposing a public duty or by a judicial decree. This justification applies when:

• The defendant believes their conduct is required or authorized by the judgment or direction of a competent court or tribunal, or in the lawful execution of legal process (even if the court lacked jurisdiction or there was a defect in the legal process)
• The defendant believes their conduct is required or authorized to assist a public officer in the performance of duties (even if the officer exceeded legal authority)

KRS 503.050 – Use of Physical Force in Self-Protection

• Physical force is justifiable when the defendant believes such force is necessary to protect themselves against the use or imminent use of unlawful physical force by another person.
• Deadly physical force is justifiable only when the defendant believes such force is necessary to protect against:
  • Death
  • Serious physical injury
  • Kidnapping
  • Sexual intercourse compelled by force or threat
  • Felony involving the use of force
  • Circumstances permitted under KRS 503.055 (Castle Doctrine/Stand Your Ground)
• No duty to retreat: A person does not have a duty to retreat prior to the use of deadly physical force.
• Evidence of prior acts of domestic violence and abuse (as defined in KRS 403.720) by the person against whom force was used is admissible.

KRS 503.055 – Castle Doctrine / Stand Your Ground

Presumption of Reasonable Fear (Dwelling, Residence, or Occupied Vehicle)

A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm when using defensive force intended or likely to cause death or great bodily harm if:

1. The person against whom 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 was removing or attempting to remove another person against their will from such locations; and
2. The person using defensive force knew or had reason to believe that an unlawful and forcible entry or act was occurring or had occurred.

Exceptions to the Presumption

The presumption does not apply if:

• The person against whom force is used has the 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 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 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 themselves in accordance with applicable law, or the person using force knew or reasonably should have known the person was a peace officer

Stand Your Ground

A person who is not engaged in unlawful activity and who is attacked in any place where they have a right to be has:

• No duty to retreat
• The right to stand their ground and meet force with force, including deadly force, if they reasonably believe it is necessary to:
  • Prevent death or great bodily harm to themselves or another
  • Prevent the commission of a felony involving the use of force

Presumption of Criminal Intent

A person who unlawfully and by force enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

KRS 503.070 – Protection of Another

• Physical force is justifiable when the defendant believes it is necessary to protect a third person against the use or imminent use of unlawful physical force, and the third person would have been justified in using such force under KRS 503.050 and 503.060.
• Deadly physical force is justifiable when the defendant believes it is necessary to protect a third person against:
  • Imminent death
  • Serious physical injury
  • Kidnapping
  • Sexual intercourse compelled by force or threat
  • Other felony involving the use of force
  • Circumstances permitted under KRS 503.055
• The third person must have actually been justified in using such protection under the circumstances as they actually exist.
• No duty to retreat if the person is in a place where they have a right to be.

KRS 503.080 – Protection of Property

• Physical force is justifiable when the defendant believes it is immediately necessary to prevent:
  • Criminal trespass, robbery, burglary, or other felony involving the use of force (or circumstances under KRS 503.055) in a dwelling, building, or upon real property in the defendant's possession or another's possession for whose protection the defendant acts
  • Theft, criminal mischief, or any trespassory taking of tangible, movable property
• Deadly physical force is justifiable only when the defendant believes the person against whom force is used is:
  • Attempting to dispossess the defendant of their dwelling (other than under a claim of right to possession)
  • Committing or attempting to commit burglary, robbery, or other felony involving the use of force of such dwelling, or under circumstances permitted by KRS 503.055
• No duty to retreat if the person is in a place where they have a right to be.

KRS 503.090 – Use of Physical Force in Law Enforcement

• Physical force is justifiable when the defendant, acting under official authority, is making or assisting in making an arrest and:
  • Believes force is necessary to effect the arrest
  • Makes known the purpose of the arrest or believes it is otherwise known or cannot reasonably be made known
  • Believes the arrest to be lawful
• Deadly physical force in effecting an arrest is justifiable only when:
  • The defendant is authorized to act as a peace officer
  • The arrest is for a felony involving the use or threatened use of physical force likely to cause death or serious physical injury
  • The defendant believes the person to be arrested is likely to endanger human life unless apprehended without delay
• Preventing escape: Physical force, including deadly force, is justifiable when preventing the escape of an arrested person when such force could justifiably have been used to effect the arrest. A guard or person authorized to act as a peace officer is justified in using any force, including deadly force, believed necessary to prevent escape from jail, prison, or other detention institution.

KRS 503.100 – Prevention of a Suicide or Crime

• Physical force is justifiable when the defendant believes it is immediately necessary to prevent another person from:
  • Committing suicide or inflicting serious physical injury upon themselves
  • Committing a crime involving or threatening serious physical injury to persons, substantial damage to or loss of property, or any other violent conduct
• Deadly physical force is justifiable only when the defendant believes the person they seek to prevent from committing a crime is likely to endanger human life.
• The limitations on justifiable use of force from KRS 503.050, 503.060, 503.070, 503.080, and 503.090 apply notwithstanding the criminality of the conduct against which force is used.

KRS 503.110 – Use of Force by Person with Responsibility for Care, Discipline, or Safety of Others

• Parents, guardians, teachers, and caregivers may use physical force when they believe it is necessary to promote the welfare of a minor or mentally disabled person, or to maintain reasonable discipline, provided the force is not designed to cause or known to create a substantial risk of death, serious physical injury, disfigurement, extreme pain, or extreme mental distress.
• Correctional institution officials may use physical force believed necessary to enforce lawful rules, provided the degree of force is not forbidden by statute and any deadly force used is otherwise justifiable under the code.
• Vehicle/carrier operators may use physical force believed necessary to prevent interference with operation or maintain order; deadly force may only be used when believed necessary to prevent death or serious physical injury.
• Doctors and therapists may use physical force for administering recognized treatment believed to promote the patient's health, with proper consent or in emergencies when no competent person can be consulted.

Key Takeaways for Concealed Carry Permit Holders

• Kentucky is a Stand Your Ground state — there is no duty to retreat in any place where you have a right to be.
• Castle Doctrine protections provide a presumption of reasonable fear when defensive force is used against unlawful, forcible entry into a dwelling, residence, or occupied vehicle.
• Deadly force is justified only when you reasonably believe it is necessary to prevent death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, or a felony involving the use of force.
• The Castle Doctrine presumption does not apply if you are engaged in unlawful activity or if the intruder is a peace officer acting in an official capacity who has identified themselves.