Dumb Question Here

Status
Not open for further replies.

HANDLOADER

member
Joined
Jun 3, 2008
Messages
235
Location
WEST KENTUCKY
:confused:I was wondering what Kentuckys castle doctrine is I have searched the internet and just cant seem to find the whole thing if I do find somthing it is a part of it or it is some one's opion on it. So if you can point me in the dirrection of it I would be most grateful.

God bless

Handloader
 
Here is a link to the actual KRS

http://www.lrc.ky.gov/Statrev/ACTS2006/0192.pdf

This is the new (as of 2006) section of the law

SECTION 6. A NEW SECTION OF KRS CHAPTER 503 IS CREATED TO READ AS FOLLOWS:
(1) A person who uses force as permitted in Section 2 of this Act and in KRS 503.050, 503.070, and 503.080 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom the force was used is a peace officer, as defined in KRS 446.010, who was acting 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 was a peace officer. As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant.

(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).

Approved April 21, 2006.
 
Last edited:
Status
Not open for further replies.
Back
Top