TN – Tennessee Code Annotated
Title 39 Criminal Offenses
Chapter 11 General Provisions
Part 6 Justification Excluding Criminal Responsibility

39-11-614. Protection of property.

(a) 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.

(b) 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:

(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.

(c)

(1) Except as provided in subdivision (c)(2), a person is justified in using deadly force against another:

(A) If the person would be justified in using force against another under subsection (a) or (b);

(B) When and to the degree the person reasonably believes deadly force is immediately necessary to prevent or terminate the other’s actual or attempted trespass; arson; damage to property, including damage to livestock; burglary; theft; robbery; or aggravated cruelty to animals; and

(C) The person reasonably believes:

(i) The property cannot be protected or the other’s actions terminated by any other means; or

(ii) The use of force other than deadly force to protect or terminate the other’s actions would expose the person or a third person to a risk of death or serious bodily injury.

(2) A person is not justified in using deadly force against another individual under this section if the individual is facing away from the person.

 

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NOTE: This statute modified effective July 1, 2026, to allow for the use of deadly force in defense of property, conditional on there being at least a non-deadly force threat to persons. Scroll down to access the PRE-July 1, 2026 version of the statute. 

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PRE-July 1, 2026 version:

TN – Tennessee Code Annotated
Title 39 Criminal Offenses
Chapter 11 General Provisions
Part 6 Justification Excluding Criminal Responsibility

39-11-614. Protection of property.

(a) 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.

(b) 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:

(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.

(c) 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.

 

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