Tennessee § 39-11-614 - Protection of property.

§ 39-11-614. Protection of property.

A person in lawful possession of real or personal property is justified in threatening or using force against another, when and to the degree it is reasonably believed the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property. A person who has been unlawfully dispossessed of real or personal property is justified in threatening or using force against the other, when and to the degree it is reasonably believed the force is immediately necessary to reenter the land or recover the property, if the person threatens or uses the force immediately or in fresh pursuit after the dispossession: The person reasonably believes the other had no claim of right when the other dispossessed the person; and The other accomplished the dispossession by threatening or using force against the person. Unless a person is justified in using deadly force as otherwise provided by law, a person is not justified in using deadly force to prevent or terminate the other's trespass on real estate or unlawful interference with personal property. Acts 1989, ch. 591, § 1; 2009, ch. 194, § 1. Sentencing Commission Comments. This section affords justification for the defenses of protection of both real and personal property. This defense is available to all persons “in lawful possession” and thus applies to owners, lessees, and bailees. The amount of force allowed is limited to that degree of force reasonably believed to be necessary to terminate the trespass or unlawful interference. Subsection (b) provides justification for the use of force to reenter land or recapture property under very limited circumstances. The defendant must use or threaten to use force immediately after the dispossession and the defendant must reasonably believe the other person had no right to dispossess the defendant. Further, the dispossession must have been accomplished by the use of threats or force by the other person. This section is intended to encourage the resort to legal process to recover property in all circumstances except those where immediate self help is likely anyway. Subsection (c) makes it clear deadly force is never justified under this section. Deadly force may be justified, however, under § 39-11-611(b) . Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation.