Tennessee § 39-11-616 - Use of device to protect property.

§ 39-11-616. Use of device to protect property.

The justification afforded by §§ 39-11-614 and 39-11-615 extends to the use of a device for the purpose of protecting property, only if: The device is not designed to cause or known to create a substantial risk of causing death or serious bodily harm; The use of the particular device to protect the property from entry or trespass is reasonable under the circumstances as the person believes them to be; and The device is one customarily used for such a purpose, or reasonable care is taken to make known to probable intruders the fact that it is used. Nothing in this section shall affect the law regarding the use of animals to protect property or persons. Acts 1989, ch. 591, § 1. Sentencing Commission Comments. This section provides a limited justification for the use of a device, such as a hidden trap, to protect property. This rule is substantially consistent with the common law tort rule. The commission has considered both the importance of protecting innocent persons (e.g., firefighters, law enforcement officers, and children) and the importance of protecting one's property. Under this section, the use of a device must be reasonable, the device must be one customarily used for protection of property or the user must use reasonable care in giving warning to probable intruders, and the device must not be designed or known to cause death or serious bodily injury. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation.