Amends TCA Title 39, Chapter 11, Part 6.

Generally under present law, a person is not justified in using deadly force to prevent or terminate another individual's trespass on real estate or interference with personal property, unless such force is otherwise justified due to other circumstances, such as to prevent harm to others. Present law does allow for force (other than deadly force) for protection of property in the following circumstances:<br /> <br /> (1) A person in lawful possession of real or personal property is 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; and <br /> <br /> (2) A person who has been unlawfully dispossessed of real or personal property is 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 the person threatens or uses the force immediately or in fresh pursuit after the dispossession:<br /> <br /> (A) The person reasonably believes the other had no claim of right when the other dispossessed the person; and <br /> <br /> (B) The other accomplished the dispossession by threatening or using force against the person. <br /> <br /> This bill adds justification for use of deadly force against another to protect real or personal property, in the following circumstances:<br /> <br /> (1) If the person would be justified in using force against another under the circumstances described above in (1) and (2);<br /> <br /> (2) When and to the degree the person reasonably believes deadly force is immediately necessary to prevent or terminate the other from committing or attempting to commit: arson; burglary; robbery; theft; trespass; vandalism; aggravated cruelty to animals; or aggravated cruelty to livestock; and <br /> <br /> (3) The person reasonably believes:<br /> <br /> (A) The real or personal property cannot be protected or recovered by any other means; or<br /> <br /> (B) The use of force other than deadly force to protect or recover the real or personal property would expose the person or a third person to risk of death or serious bodily injury. <br /> <br /> Under present law, deadly force means force that is intended or known by the defendant to cause or, in the manner of its use or intended use, is capable of causing death or serious bodily injury. This bill specifies that deadly force does not include the display or brandishing of a weapon if such display or brandishing does not result in death or serious bodily injury.<br />