Frank Mascagni III
Frank Mascagni III, Criminal Defense Attorney - Louisville, KY
Posted over 1 year ago.

(d) The person against whom the defensive force is used is a peace officer, as defined in KRS 446.010, who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties, and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a peace officer.

(3) A person who is not engaged in an unlawful activity and who is attacked in any other 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 to prevent the commission of a felony involving the use of force.

(4) 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.

Cite as KRS 503.055

History. Effective: July 12, 2006
Created 2006, Ky. Acts ch. 192, sec. 2, effective July 12, 2006.

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Asker
Posted over 1 year ago.

THANK YOU AND HAPPY HOILDAYS

Frank Mascagni III
Frank Mascagni III, Criminal Defense Attorney - Louisville, KY
Posted over 1 year ago.

you are very welcome.

Robert Lee Marshall
Robert Lee Marshall, Criminal Defense Attorney - Chico, CA
Posted over 1 year ago.

Please note that laws vary widely from state to state.

Relying on Kentucky law on a California issue is like consulting a veterinarian on a medical issue: there are some similarities, but enough differences that the answer is unreliable, if not downright dangerous.

Frank Mascagni III
Frank Mascagni III, Criminal Defense Attorney - Louisville, KY
Posted over 1 year ago.

I agree that all state laws are unique. I provided the KY statute as illustrative of a self defense law only. It was only for information purposes. If these facts occurred in CA, of course the CA state penal code would govern.