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Old 11-20-2012, 10:49   #215
Bren
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Join Date: Jan 2005
Location: Kentucky
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Quote:
Originally Posted by 45gunner View Post
Hypothetical situation. Im a photographer walking in downtown louisville on the waterfront and im approached by one or two people and they want to steal my camera. They grab my camera and I struggle with them. I get punched or kicked and things start to escalate. Its dark. I don't know if they have a weapon on them or not. I pull a weapon a shot one or both them.

Under krs 503.080 part b is this a justifiable shooting!
No, but it is a justified shooting under KRS 503.050 (self-defense), because the crime is robbery in the second degree, which is a "felony involving the use of force."

Quote:
503.050 Use of physical force in self-protection --
(2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that such force is necessary to protect himself against death, serious physical injury, kidnapping, sexual intercourse compelled by force or threat, felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055.
To be justified under KRS 503.080, the robbery would have to be in your home.

This is a specific issue I address in law enforcement training, because it is legal to use deadly force, under state law, to stop things like a robbery 2nd and an assault 3rd (minor assault or a bus driver, school volunteer, police, etc.) but that would be a civil rights violation under federal law, if done by a government agent.
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Last edited by Bren; 11-20-2012 at 11:04..
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