Self-Defense Laws in Kentucky

Kentucky has no duty to retreat. 'A person does not have a duty to retreat prior to the use of deadly physical force' (§ 503.050(4)). A person not engaged in an unlawful activity 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 necessary to prevent death or great bodily harm to himself or herself or another or to prevent a felony involving the use of force (§ 503.055(3)). Deadly force in self-protection is justifiable only when the defendant believes it necessary to protect against death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, or a felony involving the use of force (§ 503.050(2)).

A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm when using deadly defensive force if the other person was unlawfully and forcibly entering (or had entered) a dwelling, residence, or occupied vehicle, or was removing or attempting to remove another person from it against that person's will, and the defender knew or had reason to believe this was occurring. The presumption does not apply if the person against whom force is used has a right to be there (owner, lessee, titleholder) and there is no domestic-violence protective injunction or no-contact pretrial order against that person; if the person being removed is a child or grandchild in that person's lawful custody; if the defender is engaged in unlawful activity; or against a peace officer performing official duties who identified himself or herself (or whom the defender knew or should have known was an officer). A person who unlawfully and by force enters or attempts to enter is presumed to intend an unlawful act involving force or violence (§ 503.055). Deadly force to protect property is justifiable against a person attempting to dispossess the defendant of a dwelling without a claim of right, or committing burglary, robbery, other forcible felony or arson of the dwelling (§ 503.080(2)). Immunity: a person who uses force as permitted is immune from criminal prosecution (including arrest, detention and charging) and civil action, except against an identified peace officer acting in official duties; the court shall award attorney's fees, costs, lost income and expenses to a defendant found immune in a civil action (§ 503.085).