Ky. Rev. Stat. » Chapter 503
Kentucky Revised Statutes

Ky. Rev. Stat. § 503.040 (2026)

Execution of public duty

✓ current as of May 2026
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(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 it is required or authorized by a provision of law imposing a public duty or by a judicial decree. (2) The justification afforded by subsection (1) applies when: (a) The defendant believes his conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process, notwithstanding lack of jurisdiction of the court or defect in the legal process; or (b) The defendant believes his conduct to be required or authorized to assist a public officer in the performance of his duties, notwithstanding that the officer exceeded his legal authority. Effective: January 1, 1975 History: 1974 Ky. Acts ch. 406, sec. 29, effective January 1, 1975.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1984–2022 · leading case: Basham v. Commonwealth, 675 S.W.2d 376 (Ky. 1984).
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Basham v. Commonwealth, 675 S.W.2d 376 (Ky. 1984). · cites it 8× “KRS 503.040 further provides: "(2) The justification afforded by subsection (1) applies when: (a) The defendant believes his conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process .”
Walker v. Commonwealth, 127 S.W.3d 596 (Ky. 2004). · cites it 5× “KRS 503.040, titled “execution of public duty” provides: (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 it is…”
Hannah v. Commonwealth, 306 S.W.3d 509 (Ky. 2010). · cites it 2× “055(1), (3), (4), and KRS 503.040(3), is with a heavy heart, as I truly believe, as I said in Rodgers , "it was error not to instruct the jury fully [here] on the relevant law regarding the duty.”
Baird v. Commonwealth, 709 S.W.2d 458 (Ky. Ct. App. 1986). · cites it 5× “He now disputes that result based upon his contention that the trial court erred in: 1) failing to grant his proposed instruction to the jury regarding his defense of justification as contained in KRS 503.040; 2) allowing the admission of testimony that the gun in his possession…”
Poteete v. Commonwealth, 701 S.W.2d 416 (Ky. Ct. App. 1985). · cites it 2× “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_” KRS 503.040(2)(b)…”
Thomas v. Walker (E.D. Ky. 2022). “KRS 503.040. A plaintiff’s battery claim against a law-enforcement officer again, in this context, calls for a proper measure.”
— Ky. Rev. Stat. § 503.040(1) — 2 cases
Basham v. Commonwealth, 675 S.W.2d 376 (Ky. 1984). “KRS 503.040 further provides: "(2) The justification afforded by subsection (1) applies when: (a) The defendant believes his conduct to be required or authorized by the judgment or direction of a competent court or tribunal or in the lawful execution of legal process .”
Walker v. Commonwealth, 127 S.W.3d 596 (Ky. 2004). “KRS 503.040, titled “execution of public duty” provides: (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 it is…”
— Ky. Rev. Stat. § 503.040(2)(a) — 1 case
Walker v. Commonwealth, 127 S.W.3d 596 (Ky. 2004). “KRS 503.040, titled “execution of public duty” provides: (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 it is…”
— Ky. Rev. Stat. § 503.040(2)(b) — 2 cases
Baird v. Commonwealth, 709 S.W.2d 458 (Ky. Ct. App. 1986). “He now disputes that result based upon his contention that the trial court erred in: 1) failing to grant his proposed instruction to the jury regarding his defense of justification as contained in KRS 503.040; 2) allowing the admission of testimony that the gun in his possession…”
Poteete v. Commonwealth, 701 S.W.2d 416 (Ky. Ct. App. 1985). “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_” KRS 503.040(2)(b)…”
— Ky. Rev. Stat. § 503.040(3) — 1 case
Hannah v. Commonwealth, 306 S.W.3d 509 (Ky. 2010). “055(1), (3), (4), and KRS 503.040(3), is with a heavy heart, as I truly believe, as I said in Rodgers , "it was error not to instruct the jury fully [here] on the relevant law regarding the duty.”
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