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UER Forum > UE Encyclopedia > Burglars Tools (Viewed 29329 times)
Entry: Burglars Tools
originally posted by Nightskye

[last edit 9/25/2014 5:36 PM by Borys - edited 6 times]

Burglars Tools

Most US states have specific laws in their criminal codes that define possession of “burglars tools” as a distinct and separate crime.

Although how this crime is defined varies among states, there is one common theme: possession of these tools with the intent to commit a crime. Therefore, the crime of possession of burglars tools is almost always combined with another crime, such as trespass or burglary.

Possession of burglars tools usually carries a separate, additional penalty in conjunction with other crimes. For example, a person could be charged with both trespass and possession of burglars tools at the same time. In addition, possession of burglars tools may bump a misdemeanor trespass charge up to a burglary felony charge.

Degree of severity of penalties for this offense also varies among states. Some classify it as a misdemeanor, while others throw it into the felony category.

The definition of the implements that are considered burglars tools also varies from state to state. Some states are very specific in describing these implements (e.g. explosives, master keys), while others have much more broad and vague definitions. It is common for a state to explicitly state specific tools, but then open up the definition with phrases like, “any other tool designed or commonly used to commit a crime”.

Therefore, this can present a troublesome area even for the casual explorer, since an inflexible law enforcement officer may decide, upon arresting you for trespassing, that the wire cutters, prybar or other tools, red-filtered headlamp, and who knows what else that you happen to have with you is a “burglars tool”, and an unsympathetic judge could agree with the assessment. Just like that you could be in felony territory with a burglary charge.

Here is a summary of the US state laws regarding burglars tools:

AK – Alaska
The Alaska Statutes 2006 - Sec. 11.46.315. Possession of burglary tools.
Intent to use or permit the use of (a) A person commits the crime of possession of burglary tools if the person possesses a burglary tool with intent to use or permit use of the tool in the commission of
(1) burglary in any degree;
(2) a crime referred to in AS 11.46.130 (a)(3); or
(3) theft of services.
(b) As used in this section, "burglary tools" means
(1) nitroglycerine, dynamite, or any other tool, instrument, or device adapted or designed for use in committing a crime referred to in (a)(1)-(3) of this section; or
(2) any acetylene torch, electric arc, burning bar, thermal lance, oxygen lance, or other similar device capable of burning through steel, concrete, or other solid material.
(c) Possession of burglary tools is a class A misdemeanor.

AL – Alabama
The Code of Alabama - Section 13A-7-8 - Possession of burglar's tools.
(a) A person commits the crime of possession of burglar's tools if he:
(1) Possesses any explosive, tool, instrument or other article adapted, designed or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking; and
(2) Intends to use the thing possessed in the commission of an offense of the nature described in subdivision (a) (1) of this section.
(b) Possession of burglar's tools is a Class C felony.

AR – Arkansas
Arkansas Code – 2010 Arkansas Code
Title 5 - Criminal Offenses
Subtitle 6 - Offenses Against Public Health, Safety, Or Welfare
Chapter 73 - Weapons
Subchapter 1 - Possession and Use Generally
§ 5-73-102 - Possessing instrument of crime.
5-73-102. Possessing instrument of crime.

(a) A person commits the offense of possessing an instrument of crime if he or she possesses any instrument of crime with a purpose to employ it criminally.

(b) Possessing an instrument of crime is a Class A misdemeanor.
Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

AZ – Arizona
Arizona Revised Statutes – Section 13-1505. Possession of burglary tools; master key; manipulation key; classification.
A. A person commits possession of burglary tools by:
1. Possessing any explosive, tool, instrument or other article adapted or commonly used for committing any form of burglary as defined in sections 13-1506, 13-1507 and 13-1508 and intending to use or permit the use of such an item in the commission of a burglary.
C. Possession of burglary tools is a class 6 felony.

CA – California
California Penal Code – Section 466-469. Burglarious And Larcenous Instruments And Deadly Weapons.
466. Every person having upon him or her in his or her possession a
picklock, crow, keybit, crowbar, screwdriver, vise grip pliers,
water-pump pliers, slidehammer, slim jim, tension bar, lock pick gun,
tubular lock pick, floor-safe door puller, master key, ceramic or
porcelain spark plug chips or pieces, or other instrument or tool
with intent feloniously to break or enter into any building, railroad
car, aircraft, or vessel, trailer coach, or vehicle as defined in
the Vehicle Code, or who shall knowingly make or alter, or shall
attempt to make or alter, any key or other instrument named above so
that the same will fit or open the lock of a building, railroad car,
aircraft, vessel, trailer coach, or vehicle as defined in the Vehicle
Code, without being requested to do so by some person having the
right to open the same, or who shall make, alter, or repair any
instrument or thing, knowing or having reason to believe that it is
intended to be used in committing a misdemeanor or felony, is guilty
of a misdemeanor. Any of the structures mentioned in Section 459
shall be deemed to be a building within the meaning of this section.

CO – Colorado
Colorado Revised Statutes – Section 18-4-205. Possession of burglary tools.
(1) A person commits possession of burglary tools if he possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking, and intends to use the thing possessed, or knows that some person intends to use the thing possessed, in the commission of such an offense.
(2) Possession of burglary tools is a class 5 felony.

CT – Connecticut
General Statutes of Connecticut - Section 53a-106.
Sec. 53a-106. Manufacturing or possession of burglar's tools: Class A misdemeanor. (a) A person is guilty of manufacturing or possession of burglar's tools when he manufactures or has in his possession any tool, instrument or other thing adapted, designed or commonly used for advancing or facilitating offenses involving unlawful entry into premises, or offenses involving forcible breaking of safes or other containers or depositories of property, under circumstances manifesting an intent to use or knowledge that some person intends to use the same in the commission of an offense of such character.
(b) Manufacturing or possession of burglar's tools is a class A misdemeanor.

DC - District of Columbia (Washington D.C.)
District of Columbia Official Code - Section 22-2501 - Possession of implements of crime; penalty.
No person shall have in his or her possession in the District any instrument, tool, or implement for picking locks or pockets, with the intent to use such instrument, tool, or implement to commit a crime. Whoever violates this section shall be imprisoned for not more than 180 days and may be fined not more than $1,000, unless the violation occurs after he or she has been convicted in the District of a violation of this section or of a felony, either in the District or another jurisdiction, in which case he or she shall be imprisoned for not less than one year nor more than 5 years.

DE – Delaware
Delaware Code - Section 828 - Possession of burglar's tools or instruments facilitating theft; class F felony.
(a) A person is guilty of possession of burglar's tools or instruments facilitating theft when, under circumstances evidencing an intent to use or knowledge that some other person intends to use the same in the commission of an offense of such character, the person possesses any tool, instrument, or other thing adapted, designed, or commonly used for committing or facilitating:
(1) Offenses involving unlawful entry into or upon premises,
(2) Offenses involving the unlocking, overriding, or disabling of a security device without authorization,
(3) Offenses involving forcible breaking or opening of safes, vending machines, automatic teller machines, lock boxes, gates, doors or any container or depositories of property, or
(4) The offense of identity theft, such as a credit card, driver license or other document issued in a name other than the name of the person who possesses the document.
(b) Possession of burglar's tools or instruments facilitating theft is a class F felony.

FL – Florida
The 2006 Florida Statutes - Section 810.06 - Possession of burglary tools.
Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

GA – Georgia
Georgia Code - Section 16-7-20
(a) A person commits the offense of possession of tools for the commission of crime when he has in his possession any tool, explosive, or other device commonly used in the commission of burglary, theft, or other crime with the intent to make use thereof in the commission of a crime.
(b) A person convicted of the offense of possession of tools for the commission of crime shall be punished by imprisonment for not less than one nor more than five years.

HI – Hawaii
2006 Hawaii Revised Statutes - Section 708-812 - Possession of burglar's tools.
(1) A person commits the offense of possession of burglar's tools if:
(a) The person knowingly possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking, and the person intends to use the explosive, tool, instrument, or article, or knows some person intends ultimately to use it, in the commission of the offense of the nature described aforesaid; or
(b) The person knowingly possesses any master key, unless authorized, and the person intends to use the master key or knows some person intends ultimately to use it, in the commission of an offense involving entry into premises or theft by a physical taking.
(2) Possession of burglar's tools is a misdemeanor.

IA – Iowa
Iowa Code - Section 713.7 - Possession of burglar's tools.
Any person who possesses any key, tool, instrument, device or any explosive, with the intent to use it in the perpetration of a burglary, commits an aggravated misdemeanor.

ID – Idaho
Idaho Statutes - Section 18-1406 - Possession of Burglarious Instruments.
Every person having upon him, or in his possession, a picklock, crow, key, bit, or other instrument or tool, with intent feloniously to break or enter into any building or who shall knowingly make or alter, or shall attempt to make or alter any key or other instrument above named, so that the same will fit or open the lock of a building, without being requested so to do by some person having the right to open the same, or who shall make, alter, or repair, any instrument or thing, knowing, or having reason to believe, that it is intended to be used in committing a misdemeanor or felony, is guilty of a misdemeanor. Any of the structures mentioned in this chapter shall be deemed a building within the
meaning of this section.

IL – Illinois
Illinois Compiled Statutes - Section 19-2 - Possession of burglary tools.
(a) A person commits the offense of possession of burglary tools when he possesses any key, tool, instrument, device, or any explosive, suitable for use in breaking into a building, housetrailer, watercraft, aircraft, motor vehicle as defined in The Illinois Vehicle Code, railroad car, or any depository designed for the safekeeping of property, or any part thereof, with intent to enter any such place and with intent to commit therein a felony or theft.
(b) Sentence. Possession of burglary tools in violation of this Section is a Class 4 felony.

IN – Indiana
Indiana Code - No specific law found

KS – Kansas
Kansas Statutes - No specific law found

KY – Kentucky
Kentucky Revised Statutes – Section 511.050 - Possession of burglar's tools.
(1) A person is guilty of possession of burglar's tools when he possesses any tool,
instrument or other thing adapted, designed or commonly used for committing or
facilitating the commission of an offense involving forcible entry into premises or
theft by a physical taking under circumstances which leave no reasonable doubt as
to his:
(a) Intention to use the same in the commission of an offense of such character; or
(b) Knowledge that some other person intends to use the same in the commission
of an offense of such character.
(2) Possession of burglar's tools is a Class A misdemeanor.

LA – Louisiana
Louisiana Revised Statutes - R.S. 14:95

§95. Illegal carrying of weapons

A. Illegal carrying of weapons is:

(1) The intentional concealment of any firearm, or other instrumentality customarily used or intended for probable use as a dangerous weapon, on one's person; or

(2) The ownership, possession, custody or use of any firearm, or other instrumentality customarily used as a dangerous weapon, at any time by an enemy alien; or

(3) The ownership, possession, custody or use of any tools, or dynamite, or nitroglycerine, or explosives, or other instrumentality customarily used by thieves or burglars at any time by any person with the intent to commit a crime;

MA – Massachusetts
The General Laws of Massachusetts - No specific law found

MD – Maryland
Maryland Code - Section 6-207 - Burglary with destructive device.
(a) Prohibited - A person may not open or attempt to open a vault, safe, or other secure repository by the use of a destructive device, as defined in § 4-501 of this article, while committing burglary in the first, second, or third degree.
(b) Penalty - A person who violates this section is guilty of the felony of burglary with destructive device and on conviction is subject to imprisonment not exceeding 20 years.
(c) Sentence - A sentence imposed for a violation of this section may be separate from and consecutive to or concurrent with a sentence for another crime based on the act establishing the violation of this section.

ME – Maine
Maine Revised Statutes – Section 403 - Possession or transfer of burglar's tools.
1. A person is guilty of possession or transfer of burglar's tools if that person:
A. Possesses or makes any tool, implement, instrument or other article that is adapted, designed or commonly used for advancing or facilitating crimes involving unlawful entry into property or crimes involving forcible breaking of safes or other containers or depositories of property, including, but not limited to, an electronic device used as a code grabber or a master key designed to fit more than one lock, with intent to use such tool, implement, instrument or other article to commit any such criminal offense. Violation of this paragraph is a Class E crime; or
B. Transfers or possesses with the intent to transfer any device described in paragraph A that that person knows is designed or primarily useful for the commission of a crime described in paragraph A. Violation of this paragraph is a Class D crime.

MI – Michigan
Michigan Compiled Laws – Section 750.116 - Burglar's tools; possession.
Any person who shall knowingly have in his possession any nitroglycerine, or other explosive, thermite, engine, machine, tool or implement, device, chemical or substance, adapted and designed for cutting or burning through, forcing or breaking open any building, room, vault, safe or other depository, in order to steal therefrom any money or other property, knowing the same to be adapted and designed for the purpose aforesaid, with intent to use or employ the same for the purpose aforesaid, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years.

MN – Minnesota
Minnesota Statutes 2006 – Section 609.59 - Possession of Burglary or Theft Tools.
Whoever has in possession any device, explosive, or other instrumentality with intent to use or permit the use of the same to commit burglary or theft may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both.

MO – Missouri
Missouri Revised Statutes - Section 569.180.1 - Possession of burglar's tools.
1. A person commits the crime of possession of burglar's tools if he possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, with a purpose to use or knowledge that some person has the purpose of using the same in making an unlawful forcible entry into a building or inhabitable structure or a room thereof.
2. Possession of burglar's tools is a class D felony.

MS – Mississippi
Mississippi Code - Section 97-17-35 - Burglary; possession of burglar's tools.
It is unlawful for any person to have in his possession implements, tools, or instruments designed to aid in the commission of burglary, larceny or robbery; and on the conviction of any person thereof, he shall be punished by imprisonment in the penitentiary not exceeding five (5) years, or in the county jail not exceeding one year. The carrying concealed about one's person, or in one's baggage, implements, tools, or instruments peculiarly adapted to aid in the commission of burglary, larceny or robbery, shall be prima facie evidence of intention to use them for such purpose.

MT – Montana
Montana Code Annotated – Section 45-6-205 - Possession of burglary tools.
(1) A person commits the offense of possession of burglary tools when he knowingly possesses any key, tool, instrument, device, or explosive suitable for breaking into an occupied structure or vehicle or any depository designed for the safekeeping of property or any part thereof with the purpose to commit an offense therewith.
(2) A person convicted of possession of burglary tools shall be fined not to exceed $500 or be imprisoned in the county jail for any term not to exceed 6 months, or both.

NC - North Carolina
North Carolina General Statutes - No specific law found

ND - North Dakota
North Dakota Century Code - No specific law found

NE – Nebraska
Nebraska Revised Statutes – Section 28-508 - Possession of burglar's tools; penalty.
(1) A person commits the offense of possession of burglar's tools if:
(a) He knowingly possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking; and
(b) He intends to use the explosive, tool, instrument, or article, or knows some person intends ultimately to use it, in the commission of an offense of the nature described in subdivision (1)(a) of this section.
(2) Possession of burglar's tools is a Class IV felony.

NH - New Hampshire
New Hampshire Revised Statutes - No specific law found

NJ - New Jersey
New Jersey Permanent Statutes - Section 2C:5-5 - Burglar's Tools.
a. Any person who manufactures or possesses any engine, machine, tool or implement adapted, designed or commonly used for committing or facilitating any offense in chapter 20 of this Title or offenses involving forcible entry into premises.
(1) Knowing the same to be so adapted or designed or commonly used; and
(2) With either a purpose so to use or employ it, or with a purpose to provide it to some person who he knows has such a purpose to use or employ it, is guilty of an offense.
b. Any person who publishes plans or instructions dealing with the manufacture or use of any burglar tools as defined above, with the intent that such publication be used for committing or facilitating any offense in chapter 20 of this Title or offenses involving forcible entry into premises is guilty of an offense.
The offense under a. or b. of this section is a crime of the fourth degree if the defendant manufactured such instrument or implements or published such plans or instructions; otherwise it is a disorderly persons offense.

NM - New Mexico
New Mexico Statutes and Court Rules – Section 30-16-5 - Possession of burglary tools.
Possession of burglary tools consists of having in the person's possession a device or instrumentality designed or commonly used for the commission of burglary and under circumstances evincing an intent to use the same in the commission of burglary.
Whoever commits possession of burglary tools is guilty of a fourth degree felony.

NV – Nevada
Nevada Revised Statutes - Section 205.080 - Possession of instrument with burglarious intent; making, alteration or repair of instrument for committing offense; penalty.
1. Every person who makes or mends or causes to be made or mended, or has in his possession in the day or nighttime, any engine, machine, tool, false key, picklock, bit, nippers or implement adapted, designed or commonly used for the commission of burglary, invasion of the home, larceny or other crime, under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a crime, or knowing that the same is intended to be so used, shall be guilty of a gross misdemeanor.
2. The possession thereof except by a mechanic, artificer or tradesman at and in his established shop or place of business, open to public view, shall be prima facie evidence that such possession was had with intent to use or employ or allow the same to be used or employed in the commission of a crime.

NY – New York
Consolidated Laws of New York - PEN Title I - Article 140 - Section 140.35 - Possession of burglar's tools.
A person is guilty of possession of burglar's tools when he possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, or offenses involving larceny by a physical taking, or offenses involving theft of services as defined in subdivisions four, five and six of section 165.15, under circumstances evincing an intent to use or knowledge that some person intends to use the same in the commission of an offense of such character.
Possession of burglar's tools is a class A misdemeanor.

OH – Ohio
Ohio Revised Code - No specific law found

OK – Oklahoma
Oklahoma Statutes - Section 21-1442 - Possession of certain tools by persons previously convicted of burglary.
Any person who has been previously convicted of the crime of burglary who has in his possession, custody or concealed about his person, or transports or causes to be transported, any combination of three (3) or more of the following tools: Sledge hammer, pry bar, punches, chisel, bolt cutters, with the intent to use or employ, or allow the same to be used or employed, in the commission of a crime, or knowing that the tools are to be used in the commission of a crime, shall be guilty of a felony.

OR – Oregon
Oregon Revised Statutes - Section 164.235 - Possession of a burglary tool or theft device.
(1) A person commits the crime of possession of a burglary tool or theft device if the person possesses a burglary tool or theft device and the person:
(a) Intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking; or
(b) Knows that another person intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking.
(2) For purposes of this section, “burglary tool or theft device” means an acetylene torch, electric arc, burning bar, thermal lance, oxygen lance or other similar device capable of burning through steel, concrete or other solid material, or nitroglycerine, dynamite, gunpowder or any other explosive, tool, instrument or other article adapted or designed for committing or facilitating a forcible entry into premises or theft by a physical taking.
(3) Possession of a burglary tool or theft device is a Class A misdemeanor.

PA – Pennsylvania
The Pennsylvania Code - No specific law found

RI – Rhode Island
General Laws of Rhode Island – No specific law found

SC - South Carolina
South Carolina Code of Laws - Section 16-11-20 - Making, mending or possessing tools or other implements capable of being used in crime. Section 16-11-30. Possession of master keys and nonowner key sets.
It is unlawful for a person to make or mend, cause to be made or mended, or have in his possession any engine, machine, tool, false key, picklock, bit, nippers, nitroglycerine, dynamite cap, coil or fuse, steel wedge, drill, tap-pin, or other implement or thing adapted, designed, or commonly used for the commission of burglary, larceny, safecracking, or other crime, under circumstances evincing an intent to use, employ, or allow the same to be used or employed in the commission of a crime, or knowing that the same are intended to be so used.
A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both.
(a) As used in this section:
(1) "Master key" means a key which unlocks more than one locking device.
(2) "Nonowner key sets" means a set of keys designed to open locking devices in a group of products, machines, or vehicles of a particular manufacturer, which differ in configuration from the keys issued by the manufacturer at the time of sale for the locking devices.
(b) A person who has in his possession, actual or constructive, while engaged in the commission of a crime against the person or property of another, a master key or nonowner key set as defined in subsection (A), or if a master key is used in the commission of any such offense against the laws of this State, he is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years.

SD - South Dakota
South Dakota Codified Laws – Section 22-32-17 - Possession of weapon or tools with intent to commit burglary--Felony.
Any person who has in his or her possession any weapon or instrument specifically designed or adapted for the commission of a burglary or any explosive useful for the commission of a burglary, with the intent to commit a burglary, is guilty of a Class 6 felony.

TN – Tennessee
Tennessee Code - Section 39-14-701 - Possession of burglary tools.
A person who possesses any tool, machine or implement with intent to use the same, or allow the same to be used, to commit any burglary, commits a Class A misdemeanor.

TX – Texas
Texas Statutes - No specific law found

UT – Utah
Utah Code - No specific law found

VA - Virginia
Code of Virginia - Section 18.2-94 - Possession of burglarious tools, etc.
If any person have in his possession any tools, implements or outfit, with intent to commit burglary, robbery or larceny, upon conviction thereof he shall be guilty of a Class 5 felony. The possession of such burglarious tools, implements or outfit by any person other than a licensed dealer, shall be prima facie evidence of an intent to commit burglary, robbery or larceny.

VT – Vermont
Vermont Statutes Annotated - Section 1204 - Making or having burglar's tools.
A person who manufactures or knowingly has in his possession any engine, machine, tool or implement, adapted and designed for cutting through, forcing or breaking open any building, room, vault, safe or other depository, in order to steal therefrom money or other property, knowing the same to be adapted and designed for such purpose, with intent to use or employ the same therefor, shall be imprisoned not more than twenty years or fined not more than $10,000.00, or both.

WA – Washington
Revised Code of Washington - Section 9A.52.060 - Making or having burglar tools.
(1) Every person who shall make or mend or cause to be made or mended, or have in his possession, any engine, machine, tool, false key, pick lock, bit, nippers, or implement adapted, designed, or commonly used for the commission of burglary under circumstances evincing an intent to use or employ, or allow the same to be used or employed in the commission of a burglary, or knowing that the same is intended to be so used, shall be guilty of making or having burglar tools.
(2) Making or having burglar tools is a gross misdemeanor.

WI – Wisconsin
The Wisconsin Statutes and Annotations - Section 943.12 - Possession of burglarious tools.
Whoever has in personal possession any device or instrumentality intended, designed or adapted for use in breaking into any depository designed for the safekeeping of any valuables or into any building or room, with intent to use such device or instrumentality to break into a depository, building or room, and to steal therefrom, is guilty of a Class I felony.

WV - West Virginia
West Virginia Code - No specific law found

WY – Wyoming
Wyoming Statutes Annotated - Section 6-3-304 - Possession of burglar's tools; penalties.
(a) A person is guilty of possession of burglar's tools if he possesses an explosive, tool, instrument or other article adapted, designed or commonly used for committing or facilitating the commission of a crime involving forcible entry into buildings or occupied structures with intent to use the article possessed in the commission of such a crime.
(b) Possession of burglar's tools is a felony punishable by imprisonment for not more than three (3) years, a fine of not more than three thousand dollars ($3,000.00), or both.

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