Possession of Burglary Tools
Penal Code - § 466
What counts as a violation of Penal code § 466?
Penal Code § 466 makes it a crime to possess burglary tools with the intent to break and enter any building
To be convicted under Penal Code § 466, the prosecution must prove all of the following:
- The defendant broke into and entered a building (or railroad car, aircraft, or vessel, trailer coach, vehicle)
- The defendant intended to commit a felony or a misdemeanor once inside
- The defendant was in possession of burglary tools at the time
Burglary tools include any of the following:
- Picklock
- Crow
- Keybit
- Crowbar
- Screwdriver
- Vise grip pliers
- Water-pump pliers
- Slidehammer
- Slim jim, Tension bar
- Lock pick gun
- Tubular lock pick
- Bump key
- Floor-safe door puller
- Master key
- Ceramic or porcelain spark plug chips or pieces
- Or other instrument or tool
A person can also be convicted under Penal Code § 464 for attempting to, or actually, knowingly making or altering a key or other burglary tool in order to open the lock of a building, railroad car, aircraft, vessel, trailer coach, or vehicle.
What is the punishment for violating Penal code § 466?
A violation of Penal Code § 466 is a misdemeanor.
The offense is punishable by:
- custody in county jail for up to six months, and/or
- a maximum fine of $1,000.
What are the defenses to Penal Code § 466?
- You did not intend to commit a crime when you entered the building
- You did not attempt to open a safe or vault or other secure place
- Unlawful search or seizure
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