KY 503.030 Choice of evils.
State: Kentucky
Kentucky Revised Statutes (K.R.S.)
Title L. Kentucky Penal Code
Chapter 503. General Principles of Justification
503.030 Choice of evils.
(1) Unless inconsistent with the ensuing sections of this code defining justifiable use of
physical force or with some other provisions of law, conduct which would
otherwise constitute an offense is justifiable when the defendant believes it to be
necessary to avoid an imminent public or private injury greater than the injury
which is sought to be prevented by the statute defining the offense charged, except
that no justification can exist under this section for an intentional homicide.
(2) When the defendant believes that conduct which would otherwise constitute an
offense is necessary for the purpose described in subsection (1), but is wanton or
reckless in having such belief, or when the defendant is wanton or reckless in
bringing about a situation requiring the conduct described in subsection (1), the
justification afforded by this section is unavailable in a prosecution for any offense
for which wantonness or recklessness, as the case may be, suffices to establish
culpability.