Kentucky Revised Statutes

Ky. Rev. Stat. § 503.060 (2026)

Improper use of physical force in self-protection

✓ current as of May 2026

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Notwithstanding the provisions of KRS 503.050, the use of physical force by a defendant upon another person is not justifiable when: (1) The defendant is resisting an arrest by a peace officer, recognized to be acting under color of official authority and using no more force than reasonably necessary to effect the arrest, although the arrest is unlawful; or (2) The defendant, with the intention of causing death or serious physical injury to the other person, provokes the use of physical force by such other person; or (3) The defendant was the initial aggressor, except that his use of physical force upon the other person under this circumstance is justifiable when: (a) His initial physical force was nondeadly and the force returned by the other is such that he believes himself to be in imminent danger of death or serious physical injury; or (b) He withdraws from the encounter and effectively communicates to the other person his intent to do so and the latter nevertheless continues or threatens the use of unlawful physical force. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 31, effective January 1, 1975.

Notes of Decisions

Cited in 41 cases (17 in the last 5 years), 1980–2025 · leading case: Baze v. Commonwealth, 965 S.W.2d 817 (Ky. 1997).

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Baze v. Commonwealth, 965 S.W.2d 817 (Ky. 1997). · cites it 8× “Baze's wife testified that she thought that Briscoe was going for his gun and hollered. Moments later, Baze shot the first two volleys into Briscoe's back.”

Pollini v. Commonwealth, 172 S.W.3d 418 (Ky. 2005). · cites it 6× “060(2); force used by a police officer or a person acting under official authority in effecting a lawful arrest, KRS 503.060(1), KRS 503.090; force used to prevent suicide or to prevent the commission of a crime involving or threatening serious physical injury to person,…”

Commonwealth v. Hager, 41 S.W.3d 828 (Ky. 2001). · cites it 4× “The jury was instructed on all degrees of homicide and on the defense of self-protection, subject to both the initial aggressor qualification, KRS 503.060(3), and the imperfect self-defense qualification, KRS 503.”

Springer v. Commonwealth, 998 S.W.2d 439 (Ky. 1999). · cites it 2× “However, the trial judge should have made an additional finding whether Springer had been previously subjected to domestic violence and abuse so as to fall within the exemption in KRS 503.060(1). Nevertheless, the failure to make that additional finding did not prejudice…”

Charles v. Commonwealth, 634 S.W.2d 407 (Ky. 1982). · cites it 5× “050) and its qualifications (KRS 503.060). Specifically, the jury was given a qualifying instruction stating that if appellant provoked Scott to use physical force, while intending to cause death or serious injury to Scott, then appellant’s use of force for his own protection…”

McGinnis v. Commonwealth, 875 S.W.2d 518 (Ky. 1994). · cites it 2× “KRS 503.060(2) and (3). Appellant concedes he threw a Coke bottle at Rufus earlier, back at the White Castle, but states there was no evidence presented at trial that he provoked or was the initial aggressor in the use of force against the victim, Miller.”

Commonwealth v. Bennett, 553 S.W.3d 268 (Ky. Ct. App. 2018). · cites it 2× “, when the defendant resists arrest, provokes the use of physical force, or initiates the aggression, KRS 503.060. Immunity from prosecution is provided when the explicit conditions described in KRS 503.”

Barker v. Commonwealth, 341 S.W.3d 112 (Ky. 2011). · cites it 2× “) Under the exact wording of KRS 503.060(2), a person forfeits his right to the defense of self-protection when, “with the intention of causing death or serious physical injury to the other person, [he] provokes the use of physical force by such other person.”

Lickliter v. Commonwealth, 142 S.W.3d 65 (Ky. 2004). · cites it 2× “, whether in the context of this case, Appellant would have been an "initial aggressor" for whom the self-protection justification would be unavailable, KRS 503.060(3), and/or whether Appellant's fears addressed themselves to his belief in a sufficiently imminent threat from the…”

Randolph v. Commonwealth, 566 S.W.3d 576 (Ky. Ct. App. 2018). “KRS 503.060(2) - (3). The undisputed facts of this case are that Randolph attacked Elks without provocation and then Sgt.”

Stepp v. Commonwealth, 608 S.W.2d 371 (Ky. 1980). “KRS 503.060(3) provides that the use of physical force by a defendant on another person is not justified when the defendant was the initial aggressor, except that his use of physical force upon the other person under that circumstance is justified when, (a) his initial physical…”

Campbell v. Commonwealth, 732 S.W.2d 878 (Ky. 1987). “2d 829 (1984) claiming that this Court misinterpreted KRS 503.060(2). The majority of this Court properly rejected the arguments in Devore and again in Jackson v.”

Show all 41 citing cases →

— Ky. Rev. Stat. § 503.060(1) — 9 cases

Baze v. Commonwealth, 965 S.W.2d 817 (Ky. 1997). “Baze's wife testified that she thought that Briscoe was going for his gun and hollered. Moments later, Baze shot the first two volleys into Briscoe's back.”

Springer v. Commonwealth, 998 S.W.2d 439 (Ky. 1999). “However, the trial judge should have made an additional finding whether Springer had been previously subjected to domestic violence and abuse so as to fall within the exemption in KRS 503.060(1). Nevertheless, the failure to make that additional finding did not prejudice…”

Pollini v. Commonwealth, 172 S.W.3d 418 (Ky. 2005). “060(2); force used by a police officer or a person acting under official authority in effecting a lawful arrest, KRS 503.060(1), KRS 503.090; force used to prevent suicide or to prevent the commission of a crime involving or threatening serious physical injury to person,…”

Prince v. Commonwealth, 987 S.W.2d 324 (Ky. Ct. App. 1997).

Demetrius N.-Allison v. John Seymour (Ky. Ct. App. 2024).

— Ky. Rev. Stat. § 503.060(2) — 13 cases

McGinnis v. Commonwealth, 875 S.W.2d 518 (Ky. 1994). “KRS 503.060(2) and (3). Appellant concedes he threw a Coke bottle at Rufus earlier, back at the White Castle, but states there was no evidence presented at trial that he provoked or was the initial aggressor in the use of force against the victim, Miller.”

Barker v. Commonwealth, 341 S.W.3d 112 (Ky. 2011). “) Under the exact wording of KRS 503.060(2), a person forfeits his right to the defense of self-protection when, “with the intention of causing death or serious physical injury to the other person, [he] provokes the use of physical force by such other person.”

Commonwealth v. Bennett, 553 S.W.3d 268 (Ky. Ct. App. 2018). “, when the defendant resists arrest, provokes the use of physical force, or initiates the aggression, KRS 503.060. Immunity from prosecution is provided when the explicit conditions described in KRS 503.”

Randolph v. Commonwealth, 566 S.W.3d 576 (Ky. Ct. App. 2018). “KRS 503.060(2) - (3). The undisputed facts of this case are that Randolph attacked Elks without provocation and then Sgt.”

— Ky. Rev. Stat. § 503.060(3) — 14 cases

Commonwealth v. Hager, 41 S.W.3d 828 (Ky. 2001). “The jury was instructed on all degrees of homicide and on the defense of self-protection, subject to both the initial aggressor qualification, KRS 503.060(3), and the imperfect self-defense qualification, KRS 503.”

Lickliter v. Commonwealth, 142 S.W.3d 65 (Ky. 2004). “, whether in the context of this case, Appellant would have been an "initial aggressor" for whom the self-protection justification would be unavailable, KRS 503.060(3), and/or whether Appellant's fears addressed themselves to his belief in a sufficiently imminent threat from the…”

Charles v. Commonwealth, 634 S.W.2d 407 (Ky. 1982). “050) and its qualifications (KRS 503.060). Specifically, the jury was given a qualifying instruction stating that if appellant provoked Scott to use physical force, while intending to cause death or serious injury to Scott, then appellant’s use of force for his own protection…”

— Ky. Rev. Stat. § 503.060(3)(a) — 5 cases

Jordan G. Alford v. Commonwealth of Kentucky (Ky. 2024).

Lara Paige Conley v. Commonwealth of Kentucky (Ky. 2019).

Eric Lee Anthony v. Commonwealth of Kentucky (Ky. 2019).

Troy Dunkleberger v. Commonwealth of Kentucky (Ky. 2025).

— Ky. Rev. Stat. § 503.060(3)(b) — 1 case

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