Protection of Property

TCA Title 39 addresses the use of force to protect your property or a third person’s property.

Section 39-11-614

• If you are in lawful possession of real or personal property, you are 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.
• If you have been unlawfully dispossessed of real or personal property, you are 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 you threatens or use the force immediately or in fresh pursuit after the dispossession:
  • You reasonably believe the other person had no claim of right when they dispossessed you; and...
  • The other person accomplished the dispossession by threatening or using force against you.
• If you are not engaged in conduct that would constitute a felony or a Class A misdemeanor and you are in a place where you lawfully reside, you are justified in using deadly force against another to protect property if:
  • You would be justified in using force under the trespass/interference or dispossession provisions above;
  • When and to the degree, you reasonably believe deadly force is immediately necessary to prevent the other person's imminent commission of arson, burglary, robbery, aggravated robbery, or aggravated cruelty to animals;
  • You reasonably believe the property cannot be protected, or the other person's actions terminated, by any other means; and either:
    • There is imminent danger to you or a third person of death, serious bodily injury, or grave sexual abuse; or...
    • Using non-deadly force to protect the property or stop the other person's actions would expose you or a third person to a risk of death, serious bodily injury, or grave sexual abuse.

Section 39-11-615

You are justified in threatening or using force against another person to protect a third person's property if you reasonably believe you would be justified under §39-11-614 in threatening or using force to protect your own real or personal property.