KRS 503.020 Justification A defense.
In any prosecution for an offense, justification, as
defined in this chapter, is a defense.
KRS 503.030. Choice of evils.
(1) Unless
inconsistent with the ensuing sections of this code defining
justifiable use of physical force or with some other provisions of
law, conduct which would otherwise constitute an offense is
justifiable when the defendant believes it to be necessary to avoid
an imminent public or private injury greater than the injury which
is sought to be prevented by the statute defining the offense
charged, except that no justification can exist under this section
for an intentional homicide.
(2)
When
the defendant believes that conduct which would otherwise constitute
an offense is necessary for the purpose described in subsection (1),
but is wanton or reckless in having such belief, or when the
defendant is wanton or reckless in bringing about a situation
requiring the conduct described in subsection (1), the justification
afforded by this section is unavailable in a prosecution for any
offense for which wantonness or recklessness, as the case may be,
suffices to establish culpability.
Justifiable Homicide is a defense as long as the
belief is reasonable and deadly force can be used to defend a third
person as long as the belief is reasonable.
503.085. Justification and criminal
and civil immunity for use of permitted force Exceptions.
(1)
A person who uses force as permitted in KRS
503.050,
503.055, 503.070, and
503.080 is justifiable in using such
force and is immune from criminal prosecution and civil action for
the use of such force,
. . .
(2)
A
law enforcement agency may use standard procedures for investigating
the use of force as described in subsection (1) of this section, but
the agency may not arrest the person for using force unless it
determines that there is probable cause that the force that was used
was unlawful.
(3)
The court shall award reasonable attorney's fees, court costs,
compensation for loss of income, and all expenses incurred by the
defendant in defense of any civil action brought by a plaintiff, if
the court finds that the defendant is immune from prosecution as
provided in subsection (1) of this section.
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