Self Defense...

[imjaredandstuff]

In TN, I know that if someone breaks into your house, you could legally shoot them whether they have a weapon, displaying a threat or even trying to run back out the door, as long as they are in your house they can be shot. Does this also apply to someone that is for instance house sitting for someone? For instance, my sister in law is leaving for vacation and asked me to watch her house because of several recent break in attempts. If I am staying there and someone breaks in, can I shoot the intruder or do they have to be physically displaying a threat to my life since it technically isn't my house?

Thanks

[johnharris]

[imjaredandstuff]

So, to make sure I understand what I read correctly (I have difficulty reading legal stuff like that), If I am there and someone breaks in, I cannot fire on them unless they are displaying a threat of serious bodily injury or threatening my life? If I shoot them and they were say 20 ft from me and had no weapon, I would be out of luck?

[johnharris]

Under the current law, if someone breaks into your home there is a legal presumption that you are in imminent fear of death or serious bodily harm IF - IF - IF

1) you are not engaged in any "unlawful" (note that is not criminal) activity which could be things such as non-payment of taxes, zoning violations, misappropriation of cable services, internet child porn, - anything that is "unlawful" even if it is not criminal.

AND

2) the person must "forcibly" enter the property - what if they walk into an open garage or you left the door open and thus no force was used? I don't know why the legislature added the force issue since mere "unlawful" entry should be adequate

If these 2 conditions (and others) do not exist, then there is no presumption.

If there is a presumption, it can be overcome by the prosecutor with the facts such as "the individual was shot in the back as they were walking out the door away from you."

[ProguninTN]

[johnharris]

Its part of the error made in 2007 by, ***.