Tennessee legislation · 114th General Assembly
Tennessee HB1802: AN ACT to amend Tennessee Code Annotated, Title 39, relative to the defense of property.
Status: Chaptered, May 27, 2026
Fiscal Summary NOT SIGNIFICANT Bill Summary Present law provides that 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. However, unless a person is justified in using deadly force as otherwise provided by law, a person is not justified in using deadly force to prevent or terminate the other's trespass on real estate or unlawful interference with personal property. This bill generally authorizes a person to use deadly force for the protection of property against another in the following situations: If a person in lawful possession of real or personal property 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 a person who has been unlawfully dispossessed of real or personal property 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 that the other had no claim of right when the other dispossessed the person, and the other accomplished the dispossession by threatening or using force against the person. When the person reasonably believes deadly force is immediately necessary to prevent or terminate the other's actual or attempted trespass; arson; damage to property, including damage to livestock, burglary, theft, robbery, or aggravated cruelty to animals. When the person reasonably believes the property cannot be protected or the other's actions terminated by any other means, or the use of force other than deadl
What the bill says
From the amended text:
House Judiciary 1 Amendment No. 1 to HB1802 Farmer Signature of Sponsor AMEND S e n ate Bill No. 1847* House Bill No. 1802 by deleting all language after the enacting clause and substituting: SECTION 1. Tennessee Code Annotated, Section 39-11-614, is amended by deleting subsection (c) and substituting instead the following: (c) A person who is not engaged in conduct that would constitute a felony or a Class A misdemeanor and who is in a place where the person lawfully resides is justified in using deadly force against another to protect property: (1) If the person would be justified in using force against another under subsection (a) or (b); (2) When and to the degree the person reasonably believes deadly force is immediately necessary to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, or aggravated cruelty to animals; (3) The person reasonably believes the property cannot be protected or the other's actions terminated by any other means; and (4) (A) There is an imminent danger to the person or a third person of death, serious bodily injury, or grave sexual abuse; or (B) The use of force other than deadly force to protect or terminate the other's actions would expose the person or a third person to a risk of death, serious bodily injury, or grave …