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SB 859

Criminal Offenses - As introduced, specifies that a person using force intended or likely to cause death or serious bodily injury from within the person's residence or dwelling is presumed to have acted in self-defense when that force is used against an individual armed with a deadly weapon who is unlawfully present on the person's property and outside of the enclosed structure of the person's residence or dwelling. - Amends TCA Title 39, Chapter 11 and Title 40.

114th Regular Session (2025-2026) Introduced by Brent Taylor

SB 859 presumes Tennessee homeowners acted lawfully in self-defense when using deadly force against armed intruders unlawfully on their property outside the home.

Assigned to General Subcommittee of Senate Judiciary Committee
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Bill Summary · SB 859

Legislative bill overview

SB 859 expands Tennessee's self-defense protections by creating a legal presumption that a homeowner acted in self-defense when using deadly force against an armed intruder on their property (but outside their home). The bill amends Tennessee's criminal law and evidence code to shift the burden by presuming lawful self-defense in these specific circumstances.

Why is this important

This legislation affects the legal framework for homeowner protection and criminal liability. It alters evidentiary standards in self-defense cases, potentially reducing a homeowner's burden to prove they acted reasonably when confronted with an armed threat on their property. This has direct implications for criminal prosecutions, jury instructions, and how courts evaluate castle doctrine/stand-your-ground principles.

Potential points of contention

  • Scope of "property": The distinction between "residence/dwelling" and property "outside the enclosed structure" could create gray areas (e.g., attached garages, porches, yards) that lead to litigation over what qualifies for the presumption
  • Presumption vs. immunity: Unlike some self-defense laws, this creates a presumption rather than immunity from prosecution, meaning homeowners could still face charges and trial—the presumption only affects the legal burden during proceedings
  • Armed intruder definition: The requirement that the intruder be "unlawfully present" and "armed with a deadly weapon" is narrow, leaving unprotected scenarios (unarmed trespassers, ambiguous legal presence) that could generate disputes about applicability

Compiled from official sources — confirm details with the bill’s official record.

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