House Bill 1802 amends Tennessee Code Annotated, Section 39-11-614, specifically regarding the justification for using deadly force in defense of property. The bill deletes the existing subsection (c) and replaces it with a new provision that outlines the conditions under which a person may use deadly force. According to the new language, a person is justified in using deadly force if they reasonably believe it is necessary to prevent or terminate an actual or attempted trespass, arson, damage to property, burglary, theft, robbery, or aggravated cruelty to animals. Additionally, the person must believe that their property cannot be protected by any other means or that using non-deadly force would expose them or a third party to a risk of death or serious bodily injury.

The bill also specifies that a person is not justified in using deadly force against another individual if that individual is facing away from them. This provision aims to clarify the circumstances under which deadly force can be deemed necessary and to prevent potential misuse of such force in situations where the threat is not imminent. The act is set to take effect upon becoming law, emphasizing the importance of public welfare in its implementation.

Statutes affected:
Introduced: 39-11-614