What Makes an Item a "Burglar's Tool?"

Almost any item that could be used to force entry into a building or pick a lock can be a burglar's tool if a person possesses the item with the intent to use it to commit burglary or some other crime. Most states have laws prohibiting the possession of burglar's tools (also called burglary tools or burglarious tools).

Understanding Charges for Illegal Possession of Burglary Tools

It's a crime to possess tools or instruments intending to use them to commit burglary. How does a prosecutor show that the defendant possessed a tool—especially an everyday tool like a hammer—with the intent to commit burglary? Sometimes, the defendant will confess. Other times, the defendant's illicit intention can be determined by the circumstances. For example, if a person is found outside a pharmacy, trying to force open a door and in the person's backpack there is a hammer, a pick, and a screwdriver, a jury or judge could reasonably conclude that the person possessed these tools with the intent to commit burglary.

What Are Examples of Burglary Tools?

Tools that may be considered burglary tools if the jury concludes that the defendant possessed them with the intent to commit burglary (or a similar crime) include:

• crowbars and slim jims
• lock picks
• master keys
• screwdrivers and hammers
• ceramic spark plugs, and
• torches and other tools capable of burning through concrete or steel.

In some states, even items of clothing that can be used to disguise a person or a person's fingerprints, such as masks and gloves, can be considered burglary tools.

How State Laws Define Burglary Tools

Many states broadly define "burglary tools" as any tool, instrument, or other object "adapted, designed, or commonly used" to force entry into a building or commit theft. In other states, the statute contains a list of prohibited items. Under either type of statute, the key is that the tool must be possessed in order to commit burglary, theft, or trespass, or to force entry into a building or container (the requirement varies depending on state law).

For example, a person who possesses a screwdriver with the intent to use it to break into a car could be convicted of possession of burglar tools. However, a professional welder who has an acetylene torch has not committed a crime so long as the welder does not intend to use the torch, or allow anyone else to use it, for a nefarious purpose.

What Is the Punishment for Possession of Burglary Tools?

Possession of burglary tools may be a felony or a misdemeanor. Many states impose high-level misdemeanor or low-level felony penalties for this offense, which could mean up to a year of jail time or a few years of prison time. A state might also increase the offense level for repeat offenders with past convictions for theft or burglary-related crimes. The type or number of tools found in a person's possession can also affect the penalties.

Obtaining Legal Assistance

If you are charged with possession of burglar's tools, talk to a local criminal defense attorney or ask for a public defender. Any criminal conviction, even a misdemeanor conviction, can result in time in jail, a fine, and a criminal record, which can make it difficult to obtain a job. An attorney can help you protect your rights and understand how the criminal system works.