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Posted: 2/17/2006 5:14:01 AM EDT
I am most likely moving to Louisville later this year and wondering if KY has a law similar to florida's where you do do not have to retreat either at home or in public if your life is in danger? Thanks for any reply's
Link Posted: 2/17/2006 1:58:12 PM EDT
The jist of the KY statute is that you are justified in using (deadly) force if you fear your life is in danger. Nothing about retreating, giving a 2nd chance, etc.

Now you can't use force to keep someone from stealing your TV even if they are on your property...but at the point you feel your life is threatened all bets are off

Of course I ain't no lawyer....
Link Posted: 2/17/2006 6:41:40 PM EDT
In KY, if you are in fear of death, great bodily harm, or rape of yourself or another person, you can use deadly force. If someone breaks into your house while you are home, you would have to be crazy to to fear for your life. If they get in, they get shot.
Link Posted: 2/19/2006 10:44:39 AM EDT
Kentuckians have a Constitutionally recognized right to self-defense and statutory protection in the defense of others.

KRS 503.050
(2) The use of deadly physical force by a defendant upon another person is justifiable
under subsection (1) only when the defendant believes that such force is necessary
to protect himself against death, serious physical injury, kidnapping, or sexual
intercourse compelled by force or threat.

KRS 503.070 Protection of another.
(2) The use of deadly physical force by a defendant upon another person is justifiable
when:
(a) The defendant believes that such force is necessary to protect a third person
against imminent death, serious physical injury, kidnapping or sexual
intercourse compelled by force or threat; and
(b) Under the circumstances as they actually exist, the person whom he seeks to
protect would himself have been justified under KRS 503.050 and 503.060 in
using such protection.
Link Posted: 2/19/2006 10:56:18 AM EDT

Originally Posted By GunCat:
The jist of the KY statute is that you are justified in using (deadly) force if you fear your life is in danger. Nothing about retreating, giving a 2nd chance, etc.

Now you can't use force to keep someone from stealing your TV even if they are on your property...but at the point you feel your life is threatened all bets are off

Of course I ain't no lawyer....



If someone is in your house stealing your TV, they have committed 2nd degree burglary.

KRS 511.030 Burglary in the second degree.
(1) A person is guilty of burglary in the second degree when, with the intent to commit
a crime, he knowingly enters or remains unlawfully in a dwelling.
(2) Burglary in the second degree is a Class C felony.

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 or burglary 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 of such dwelling; or(c) Committing or attempting to commit arson of a dwelling or other building in
his possession.

I'm no laywer either, but one is sure needed to interpret this section. It seems to say a burglar of your dwelling can either be beat up or shot. It's nice to know we have choices.
Link Posted: 2/19/2006 11:24:02 AM EDT
I stand corrected.

It's been a while since that guy in the bow tie told me about the KRS. A little study, or a refresher course, always helps.
Link Posted: 2/22/2006 10:18:43 PM EDT
we just voted today on a no retreat law very similar to Florida's.
Link Posted: 2/28/2006 11:43:58 AM EDT

Originally Posted By vengarr:
we just voted today on a no retreat law very similar to Florida's.



What was the outcome?
Link Posted: 2/28/2006 1:12:35 PM EDT
[Last Edit: 2/28/2006 1:20:03 PM EDT by Stump]
Link Posted: 2/28/2006 1:40:53 PM EDT
[Last Edit: 2/28/2006 1:41:29 PM EDT by cgv69]

Originally Posted By Stump:
It passed, but now heads to the Senate..


Cool Deal, Thanks for the info!
That's one of the downsides of living up here, mostly all we get is Cincy\Ohio news but I guess I should be more proactive in keeping up with this stuff

Originally Posted By Stump:
Afterward, Rep. Joni Jenkins -- among the opponents -- said the bill sends a message to "shoot first and answer questions later."

"It sends a message that it's up to us to protect ourselves," said Jenkins, D-Shively. "We don't live in the wild, wild West. We live in a civilized society."



What a dumbass. If we are not responsible for our own protection, then who is? The police?.... The sad thing is that is the way a lot of poeple think.
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