Tennessee Law Makes It A Crime For Storm Victims To Protect Property Against Thieves

Image Credit: Gov. Bill Lee / Facebook

The Tennessee Conservative Staff –

While state and federal assistance is beginning to arrive for victims of Hurricane Helene, some state laws are actually inhibiting their ability to protect themselves from being victimized a second time.

According to a Monday evening update from the Tennessee Emergency Management Agency, 15 people are now confirmed dead in Tennessee as a result of Hurricane Helene. This increase comes after two more fatalities were reported in Unicoi County and one more was reported in Washington County.

Several more remain missing across a number of East Tennessee counties.

Those who survived the disaster are dealing with the aftermath: ongoing “operational issues” with wastewater treatment and drinking water facilities, significant road closures, and a bevy of scammers and looters out to make a profit by taking advantage of storm victims.

While Tennessee Attorney General Jonathan Skrmetti says that his office “will not hesitate to enforce Tennessee’s consumer protection laws,” some Tennessee laws actually make it illegal for residents to protect their own homes and property.

As reported by The Tennessee Firearms Association, according to current state law, it is a crime to use deadly force to protect real or personal property, even if a person is trespassing or is caught in the act of stealing.

The Tennessee Legislature defines deadly force as “force that is intended or known by the defendant to cause or, in the manner of its use or intended use, is capable of causing death or serious bodily injury.” 

By this definition, it is illegal for individuals to show a weapon or even threaten with a weapon that could potentially cause death or serious injury as a means of protecting their property. Those who do could be charged with felony aggravated assault with a deadly weapon.

This leaves individuals who have already been victimized by the hurricane vulnerable to even more loss because the law prohibits them from protecting their homes and property from would-be thieves.

The potential for post-hurricane looting has already been witnessed as police arrested eight possible illegal aliens in Washington County on burglary charges less than 48 hours after Helene hit.