§ 503.080

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, robbery, burglary, or other felony involving the use of fo rce, or under those circumstances permitted pursuant to KRS 503.055, in a dwelling, building or upon real property in his or her possession or in the possession of another person for whose protection he or she acts; (b) Theft, criminal mischief, or any tre spassory taking of tangible, movable property in his or her possession or in the possession of another person for whose protection he or she acts; or (c) The commission of unlawful camping in violation of KRS 511.110, when: 1. The offense is occurring on p roperty owned or leased by the defendant; 2. The individual engaged in unlawful camping has been told to cease; and 3. The individual committing the offense has used force or threatened to use force against the defendant. (2) The use of deadly physical for ce by a defendant upon another person is justifiable under subsection (1) of this section only when the defendant believes that the

use force against the defendant. (2) The use of deadly physical for ce by a defendant upon another person is justifiable under subsection (1) of this section only when the defendant believes that the person against whom such force is used is: (a) Attempting to dispossess him or her of his or her dwelling otherwise than under a claim of right to its possession; or (b) Committing or attempting to commit a burglary, robbery, or other felony involving the use of force, or under those circumstances perm itted pursuant to KRS 503.055, of such dwelling; or (c) Committing or attempting to commit arson of a dwelling or other building in his or her possession. (3) A person does not have a duty to retreat if the person is in a place where he or she has a right to be. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 174, sec. 21, effective July 15, 2024. -- Amended 2006 Ky. Acts ch. 192, sec. 5, effective July 12, 2006. -- Created 1974 Ky. Acts ch. 406, sec. 33, effective January 1, 1975.