Necessity and Public Duty

TCA Title 39 covers necessity and public duty with respect to the use of force.

• Section 39-11-609: According to this section, necessity is a situation where your conduct is justified if:
  • You reasonably believe it is immediately necessary to avoid imminent harm and…
  • The desirability and urgency of avoiding the harm clearly outweigh the harm sought to be prevented by law, according to ordinary standards of reasonableness.
• Section 39-11-610: Under this section on public duty, the use of force is justified if you reasonably believe that your conduct is required or authorized:
  • By law or…
  • To assist a public servant in the performance of the public servant’s official duty.