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

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

(a) 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:
(1) The device is not designed to cause or known to create a substantial risk of causing death or serious bodily harm;
(2) 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
(3) 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.
(b) Nothing in this section shall affect the law regarding the use of animals to protect property or persons.

 

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