grendel2000
Member
- Joined
- Dec 17, 2006
- Messages
- 1
As I understand it, Tennessee has adopted "Castle Laws", which cover one’s right to defend yourself, part of which, TCA 29-34-201, states the following:
"Injuries suffered in committing or attempting to commit felony on property of another -- Recovery barred -- Scope of immunity for one injuring a perpetrator of a criminal offense.
(a) Any person who is injured while committing a felony or attempting to commit a felony on the real property of another is barred from recovery of actual or punitive damages resulting from injuries, either accidentally or intentionally inflicted by the owner, lawful occupier or tenant of such property, which the person receives while committing or attempting to commit a felony.
(b)(1) A person who accidentally or intentionally causes property damage to or inflicts injury or death upon the perpetrator of a criminal offense is absolutely immune from civil liability for or the payment of monetary damages from such person's actions if at the time such damage, injury or death occurred:
(A) The person was preventing or attempting to prevent the perpetrator from committing the offense or was apprehending the perpetrator of the offense; and
(B) The perpetrator was committing one (1) or more of the offenses specified in subdivisions (c)(1)-(9) or was attempting to commit one (1) or more of the offenses specified in subdivision (c)(10).
(2) The immunity conferred by this subsection shall only apply to property damage caused to or injury or death inflicted upon a perpetrator of an enumerated offense and only under the conditions set out in this subsection. Such immunity shall not be construed to extend to property damage caused to or injury or death inflicted upon a bystander or other person who is not the perpetrator of an enumerated offense.
(c) The offenses for which such immunity applies are:
(1) Any criminal homicide;
(2) Aggravated rape;
(3) Kidnapping;
(4) Aggravated kidnapping;
(5) Especially aggravated kidnapping;
(6) Especially aggravated burglary;
(7) Aggravated robbery;
(8) Especially aggravated robbery;
(9) Carjacking; and
(10) Attempt to commit first or second degree murder.”
Based on this law, what would be a person's legal standing in the following scenario:
While in a typical gas station / mini mart filling your drink, a robber enters with a gun in his hand and tells the cashier to hand over the register money or "he'll kill him". You are armed with a legally carried concealed handgun and unnoticed / ignored by the robber as you are behind him. If you felt that your life was in peril (and in Tennessee you are allowed to act on behalf of another) and shot the robber, killing him, would the law, as stated above, exempt you from civil prosecution in this case (for example if the BG's family wanted to sue you)? Or does the protection from civil liability extend only to your own home/property in TN cases covered by this law?
Opinions?
"Injuries suffered in committing or attempting to commit felony on property of another -- Recovery barred -- Scope of immunity for one injuring a perpetrator of a criminal offense.
(a) Any person who is injured while committing a felony or attempting to commit a felony on the real property of another is barred from recovery of actual or punitive damages resulting from injuries, either accidentally or intentionally inflicted by the owner, lawful occupier or tenant of such property, which the person receives while committing or attempting to commit a felony.
(b)(1) A person who accidentally or intentionally causes property damage to or inflicts injury or death upon the perpetrator of a criminal offense is absolutely immune from civil liability for or the payment of monetary damages from such person's actions if at the time such damage, injury or death occurred:
(A) The person was preventing or attempting to prevent the perpetrator from committing the offense or was apprehending the perpetrator of the offense; and
(B) The perpetrator was committing one (1) or more of the offenses specified in subdivisions (c)(1)-(9) or was attempting to commit one (1) or more of the offenses specified in subdivision (c)(10).
(2) The immunity conferred by this subsection shall only apply to property damage caused to or injury or death inflicted upon a perpetrator of an enumerated offense and only under the conditions set out in this subsection. Such immunity shall not be construed to extend to property damage caused to or injury or death inflicted upon a bystander or other person who is not the perpetrator of an enumerated offense.
(c) The offenses for which such immunity applies are:
(1) Any criminal homicide;
(2) Aggravated rape;
(3) Kidnapping;
(4) Aggravated kidnapping;
(5) Especially aggravated kidnapping;
(6) Especially aggravated burglary;
(7) Aggravated robbery;
(8) Especially aggravated robbery;
(9) Carjacking; and
(10) Attempt to commit first or second degree murder.”
Based on this law, what would be a person's legal standing in the following scenario:
While in a typical gas station / mini mart filling your drink, a robber enters with a gun in his hand and tells the cashier to hand over the register money or "he'll kill him". You are armed with a legally carried concealed handgun and unnoticed / ignored by the robber as you are behind him. If you felt that your life was in peril (and in Tennessee you are allowed to act on behalf of another) and shot the robber, killing him, would the law, as stated above, exempt you from civil prosecution in this case (for example if the BG's family wanted to sue you)? Or does the protection from civil liability extend only to your own home/property in TN cases covered by this law?
Opinions?
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