TN — CRIM. 40.08 PROTECTION OF PROPERTY

TN — CRIM. 40.08 PROTECTION OF PROPERTY

State: Tennessee

 

Tennessee Pattern Instructions (T.P.I).  Section 40.00. Defense

TN — CRIM. 40.08  PROTECTION OF PROPERTY

Included in the defendant’s plea of not guilty is [his] [her] plea of 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 re-enter the land or recover the property if the person threatens or uses the force immediately or in fresh pursuit after the dispossession;

and

(1)  the person reasonably believes the other had no claim of right when the other dispossessed the person; and

(2)  the other accomplished the dispossession by threatening or using force against the person.

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.

[Use of Device to Protect Property.  The justification afforded by the foregoing provisions extends to the use of a device for the purpose of protecting property only if:

(a)  the device is not designed to cause or known to create a substantial risk of causing death or serious bodily harm; and

(b)  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

(c)  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.]

[“Deadly force” is force which is capable of causing death or serious bodily injury.]

[“Force” means compulsion by the use of physical power or violence.]

[“Serious bodily injury” means bodily injury which involves a substantial risk of death; protracted unconsciousness; extreme physical pain; protracted or obvious disfigurement; or protracted loss or substantial impairment of a function of a bodily member, organ or mental faculty.]

“Property” means anything of value, including but not limited to [money] [real estate] [tangible or intangible personal property (including anything severed from land)] [library material] [contract rights] [chose-in-action] [interest in or claim to wealth] [credit] [admission or transportation tickets] [captured or domestic animals] [food and drink] [electric or other power].

If evidence is introduced supporting the defense of protection of property, the burden is on the state to prove beyond a reasonable doubt that the defendant did not act in protection of [his] [her] property.

If from all the facts and circumstances you find the defendant acted in protection of [his] [her] property, or if you have a reasonable doubt as to whether the defendant acted in protection of [his] [her] property, you must find [him] [her] not guilty.

By | 2014-12-19T11:01:36+00:00 January 18th, 2013|Comments Off on TN — CRIM. 40.08 PROTECTION OF PROPERTY