Tennessee Pattern Jury Instructions – Criminal
CHAPTER 40 DEFENSES

§ 40.09 DEFENSE: PROTECTION OF A THIRD PERSON’S PROPERTY

Included in the defendant’s plea of not guilty is [his] [her] plea of protection of a third person’s property.

A person is justified in threatening or using force against another to protect real or personal property of a third person if, under the circumstances as the person reasonably believes them to be, the person would be justified in threatening or using force to protect the person’s own real or personal property.

[The trial judge should instruct the jury concerning protection of one’s own property. T.P.I. — CRIM. 40.08.]

[ 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.]

“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].

[“Serious bodily injury” means bodily injury that 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 [ only for offenses committed on or after 7/1/09: or a broken bone of a child who is eight (8) [ only for offenses committed on or after 7/1/14: twelve (12)] years of age or less].] [“Bodily injury” includes a cut, abrasion, bruise, burn or disfigurement, and physical pain or temporary illness or impairment of the function of a bodily member, organ, or mental faculty.]

The burden is on the state to prove beyond a reasonable doubt that the defendant did not act in protection of a third person’s property.

[This defense is not available to the defendant if the victim was an innocent third person who was recklessly injured or recklessly killed by the defendant’s use of force. “Recklessly” has been previously defined in these instructions.]

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

 

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