KY KIJ-Cr §11.14 Protection of Property (From Damage)
KENTUCKY INSTRUCTIONS TO JURIES—CRIMINAL (KIJ-Cr 2013)
CHAPTER 11. DEFENSES
Part 2. Justification
KIJ-Cr §11.14 Protection of Property (From Damage)
Protection of Property
A. If at the time the Defendant (method) (if he did so), he believed that (victim) was about to intentionally damage the Defendant’s property, and if (victim) neither had the right to damage the Defendant’s property nor any reasonable ground to believe that he had such a right, the Defendant was privileged to use such physical force against (victim) as he believed to be immediately necessary in order to protect his property.
B. [Provided, however, if you believe form the evidence beyond a reasonable doubt that in so doing, the Defendant (1) intended to cause death or serious physical injury to (victim), or (2) thereby created , and knew he was creating, a substantial risk of death or serious physical injury to (victim), then the Defendant was not so privileged.