(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:

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Terms Used In Tennessee Code 39-11-616

  • Harm: means anything reasonably regarded as loss, disadvantage or injury, including harm to another person in whose welfare the person affected is interested. See Tennessee Code 39-11-106
  • Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
  • Property: means anything of value, including, but not limited to, money, real estate, tangible or intangible personal property, including anything severed from land, library material, contract rights, choses-in-action, interests in or claims to wealth, credit, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power. See Tennessee Code 39-11-106
(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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