Tennessee statute for defense of another person

Direct Answer

Tennessee’s statute for defense of another person is Tenn. Code Ann. § 39-11-612. It provides that a person is justified in threatening or using force against another to protect a third person when, under the circumstances as the actor reasonably believes them to be, the actor would be justified under Tennessee’s self-defense statute, Tenn. Code Ann. § 39-11-611, and the actor reasonably believes intervention is immediately necessary to protect the third person.[^1]

Statutory Text

A person is justified in threatening or using force against another to protect a third person, if:

1. Under the circumstances as the person reasonably believes them to be, the person would be justified under Tenn. Code Ann. § 39-11-611 in threatening or using force to protect against the use or attempted use of unlawful force reasonably believed to be threatening the third person sought to be protected; and
2. The person reasonably believes that the intervention is immediately necessary to protect the third person.[^2]

Practical Notes

Tennessee courts treat defense of another as a general defense, not an affirmative defense, and the right to defend a third person is no greater than the third person’s own right to defend himself or herself.[^3] The Tennessee Supreme Court has explained that whether the facts fairly raise the defense is a question for the court, and if so, the issue must be submitted to the jury.[^3]