Kentucky Revised Statutes

Ky. Rev. Stat. § 503.085 (2026)

Justification and criminal and civil immunity for use of permitted force --

✓ current as of May 2026

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Exceptions.

(1) A person who uses force as permitted in KRS 503.050, 503.055, 503.070, and 503.080 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom the force was used is a peace officer, as defined in KRS 446.010, who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law, or the person using force knew or reasonably should have known that the person was a peace officer. As used in this subsection, the term "criminal prosecution" includes arresting, detaining in custody, and charging or prosecuting the defendant.

(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1) of this section, but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.

(3) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff, if the court finds that the defendant is immune from prosecution as provided in subsection (1) of this section. Effective: July 12, 2006 History: Created 2006 Ky. Acts ch. 192, sec. 6, effective July 12, 2006.

Notes of Decisions

Cited in 52 cases (24 in the last 5 years), 2009–2026 · leading case: Rodgers v. Commonwealth, 285 S.W.3d 740 (Ky. 2009).

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Rodgers v. Commonwealth, 285 S.W.3d 740 (Ky. 2009). · cites it 32× “Although we agree with Rodgers that the immunity statute (KRS 503.085) applied to his trial, the trial court appropriately addressed the immunity question and otherwise correctly determined that the new self-defense laws do not apply retroactively.”

Commonwealth v. Farmer, 423 S.W.3d 690 (Ky. 2014). · cites it 14× “The Court of Appeals is not authorized by our Constitution or statute to consider an appeal from an interlocutory order denying immunity pursuant to KRS 503.085, and furthermore, the collateral order exception to the finality doctrine does not apply in this circumstance.”

Patrick Deon Ragland v. Commonwealth of Kentucky, 476 S.W.3d 236 (Ky. 2015). · cites it 6× “Ragland was not entitled to immunity from prosecution under KRS 503.085. Ragland claims that he was entitled to immunity from prosecution under KRS 503,085 and that the trial court erred in overruling his motions to dismiss brought under that statute.”

Commonwealth v. Hasch, 421 S.W.3d 349 (Ky. 2013). · cites it 5× “The Trial Court’s Failure to Conduct a Probable Cause Hearing under KRS 503.085 Does Not Require Reversal of the Reckless Homicide Conviction Prior to trial, Appellee moved under KRS 503.”

Commonwealth v. Lemons, 437 S.W.3d 708 (Ky. 2014). · cites it 5× “After the trial court found that Lemons was not entitled to immunity under KRS 503.085 and denied his motion to dismiss, Lemons entered an Alford 1 plea to charges of second-degree manslaughter and assault under extreme emotional distress.”

Commonwealth v. Eckerle, 470 S.W.3d 712 (Ky. 2015). · cites it 6× “In that case, we stated that the defendant may raise the KRS 503.085 immunity bar at the preliminary hearing in the district court or await an indictment and move for relief from the circuit court, but in either circumstance the court “must proceed expeditiously.”

Commonwealth v. Bennett, 553 S.W.3d 268 (Ky. Ct. App. 2018). · cites it 4× “Bennett then filed a motion to dismiss, claiming immunity on self-defense grounds under KRS 503.085. The trial court heard arguments and set an evidentiary hearing on the issue.”

Gibson v. Campbell-Marletta, 503 S.W.3d 186 (Ky. Ct. App. 2016). “In support of this, Michael argües that he would be immune front prosecution under KRS 503.085 if he actually carried out the warning he gave to Shelby.”

State v. Ultreras, 295 P.3d 1020 (Kan. 2013). “3d at 753 ; Ky. Rev. Stat. Ann. § 503.085 (1) (Michie/Bobbs-Merrill 2006).”

Hammond v. Commonwealth, 366 S.W.3d 425 (Ky. 2012). “2009), where a defendant's right to self-defense immunity under KRS 503.085 could be defeated by the Commonwealth upon a showing of probable cause based upon "witness statements, investigative letters prepared by law enforcement officers, photographs and other documents of…”

Jones v. Commonwealth, 366 S.W.3d 376 (Ky. 2011). · cites it 2× “We held that under the facts in Rodgers , wherein the crime was committed before the amendments were enacted, the amendments did not entitle the defendant to a “no duty to retreat” instruction because the amendments (with the exception of the immunity provision in KRS 503.085)…”

Bretherick v. State, 135 So. 3d 337 (Fla. 5th DCA 2013). “3d at 754 ; Ky. Rev. Stat. Ann. § 503.085 (1). 2 This meant that courts would be called upon to determine whether a defendant was entitled to self-defense immunity.”

Show all 52 citing cases →

— Ky. Rev. Stat. § 503.085(1) — 21 cases

Rodgers v. Commonwealth, 285 S.W.3d 740 (Ky. 2009). “Although we agree with Rodgers that the immunity statute (KRS 503.085) applied to his trial, the trial court appropriately addressed the immunity question and otherwise correctly determined that the new self-defense laws do not apply retroactively.”

Commonwealth v. Farmer, 423 S.W.3d 690 (Ky. 2014). “The Court of Appeals is not authorized by our Constitution or statute to consider an appeal from an interlocutory order denying immunity pursuant to KRS 503.085, and furthermore, the collateral order exception to the finality doctrine does not apply in this circumstance.”

Commonwealth v. Hasch, 421 S.W.3d 349 (Ky. 2013). “The Trial Court’s Failure to Conduct a Probable Cause Hearing under KRS 503.085 Does Not Require Reversal of the Reckless Homicide Conviction Prior to trial, Appellee moved under KRS 503.”

Luna v. Jordan (W.D. Ky. 2020).

Ransom v. Evans (W.D. Ky. 2023).

— Ky. Rev. Stat. § 503.085(2) — 2 cases

— Ky. Rev. Stat. § 503.085(3) — 2 cases

William \Scott\" Albright v. Brian Royse" (Ky. Ct. App. 2021).

Ballard v. Cope (E.D. Ky. 2023).

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