(a) As used in this section:

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class C misdemeanorup to 30 daysup to $50
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 70-4-134

  • Agency: means the wildlife resources agency. See Tennessee Code 70-1-101
  • Big game: means deer, bear, wild turkey, and all species of large mammals that may be introduced or transplanted into this state for hunting. See Tennessee Code 70-1-101
  • Fish: means all species of trout, salmon, walleye, northern pike, bass, crappie, bluegill, catfish, perch, sunfish, drum, carp, sucker, shad, minnow, and such other species of fish that are presently found in the state or may be introduced or transplanted into this state for consumptive or nonconsumptive use. See Tennessee Code 70-1-101
  • Hours: means the hours of the day or night when wildlife may be taken lawfully. See Tennessee Code 70-1-101
  • Person: means an individual, association, partnership, or corporation. See Tennessee Code 70-1-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) “Enter” means the intrusion of any part of the body of a wild animal into the interior space of a structure;
(2) “Serious bodily injury” means bodily injury that involves:

(A) A substantial risk of death;
(B) Protracted unconsciousness;
(C) Extreme physical pain;
(D) Protracted or obvious disfigurement; or
(E) Protracted loss or substantial impairment of a function of a bodily member, organ, or mental faculty; and
(3) “Wild animal” means all wild vertebrates, mollusks, crustaceans, and fish presently occurring within the state.
(b) A person who is charged with taking, attempting to take, or harming a wild animal in violation of this title may assert the defense of self-defense if the wild animal taken, attempted to be taken, or harmed acted in a manner that caused:

(1) The person to have a reasonable belief that the animal’s action placed the person in imminent danger of death or serious bodily injury;
(2) The person to believe the danger creating the threat of imminent death or serious bodily injury is real, or is honestly believed to be real at the time; and
(3) The belief of danger to be founded upon reasonable grounds.
(c)

(1)

(A) A person shall notify the agency within twenty-four (24) hours after killing or seriously injuring a big game animal pursuant to this section if the person is reasonably able to notify the agency.
(B) No big game animal killed shall be removed from the site, repositioned, retained, sold, or transferred without authorization from the agency.
(2) A violation of subdivision (c)(1) is a Class C misdemeanor.
(d) The defense of self-defense shall not be available to a person who takes, attempts to take, or harms a wild animal if the person:

(1) Has the ability to safely retreat from the threatening animal and fails to do so, except when the animal enters a home, tent, camper, or other permanent or temporary living structure occupied at the time by the person or any other individual; or
(2) Recklessly provokes or attracts the wild animal into a situation in which it is reasonable to expect the wild animal will threaten the person or another individual.
(e)

(1) Notwithstanding this section to the contrary, and unless otherwise prohibited by federal law, a person who resides on property that adjoins the Great Smoky Mountains National Park may take, attempt to take, or harm a bear that enters onto the person’s property if the bear acted in a manner that caused:

(A) The person to have a reasonable belief that the bear’s action placed the person in imminent danger of death or serious bodily injury;
(B) The person to believe the danger creating the threat of imminent death or serious bodily injury is real, or is honestly believed to be real at the time; and
(C) The belief of danger to be founded upon reasonable grounds.
(2)

(A) A person shall notify the agency within twenty-four (24) hours after killing or seriously injuring a bear pursuant to this section if the person is reasonably able to notify the agency.
(B) A bear must not be removed from the site, repositioned, retained, sold, or transferred without authorization from the agency.
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