- Find Attorney
Burglary tool is an implement or a device designed to assist or help a person in committing burglary. Many states make it illegal to possess a burglary tool if the possessor intends to commit a burglary.
A "burglary tool or theft device" can be 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. [Or. Rev. Stat. § 164.235(2)].
The following is an example of a state statute dealing with the possession of burglary tools:
Alaska Stat. § 11.46.315. Possession of burglary tools
(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.