Tennessee § 39-11-610 - Public duty.

§ 39-11-610. Public duty.

Except as qualified by subsections (b) and (c), conduct is justified if the person reasonably believes the conduct is required or authorized by law, by the judgment or order of a competent court or other tribunal, or in the execution of legal process. The following sections of this part control: When force is threatened or used against a person to protect persons, pursuant to §§ 39-11-611 — 39-11-613; To protect property, pursuant to §§ 39-11-614 — 39-11-616; or For law enforcement, pursuant to § 39-11-620. The justification afforded by this section is available if: The person reasonably believes the court or tribunal has jurisdiction or the process is lawful, even though the court or tribunal lacks jurisdiction or the process is unlawful; or The person reasonably believes the conduct is required or authorized to assist a public servant in the performance of the public servant's official duty, even though the public servant exceeds the public servant's lawful authority. Acts 1989, ch. 591, § 1. Sentencing Commission Comments. This section codifies the defense of public duty, allowing justification under certain limited circumstances while preventing a blanket “following orders” defense. The justification allowed under this section requires a reasonable belief in the legality of the actions taken, so that defendants who knowingly disregard the law or exceed their authority are denied the defense. Subsection (a) limits the defense to situations where the defendant reasonably believes his or her conduct is lawful. For example, under some circumstances, Tennessee law authorizes law enforcement officers to enter buildings to execute search warrants or to seize goods. This section protects law enforcement officers who perform these duties under a reasonable belief that their actions are lawful. Subsection (b) clarifies that where force is used, the code sections governing justification of force control. Thus, this section does not apply to the use of force. Subsection (c) protects persons who act under a reasonable (though incorrect) belief of the lawfulness of an authority granted by a court or tribunal (any official adjudicatory body) and private citizens who assist public servants under a reasonable belief the conduct is necessary or authorized to assist the public servant in carrying out the public servant's official duties. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation.