The New and Organized Lockpicking Law Thread--by marso

[Varjeal]

New York State?
Legislation: New York Penal Law

ARTICLE 140--BURGLARY AND RELATED OFFENSES
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.

http://wings.buffalo.edu/law/bclc/web/N ... art140.htm

"Intentionally." A person acts intentionally with respect to a result or to conduct described by a statute defining an offense when his conscious objective is to cause such result or to engage in such conduct.

http://wings.buffalo.edu/law/bclc/web/N ... y15_05.htm

Word on the street:

in short: Unless you are a thug have fun picking

Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: Marso, w.o.s. by devnill

[Varjeal]

North Carolina

http://www.ncleg.net/Statutes/GeneralSt ... r_74F.html

§ 74F-2. Purpose.
Locksmiths have the knowledge and tools to bypass or
neutralize security devices in vehicles, homes, and businesses.
The laws of this State do not protect citizens from the
unscrupulous use and abuse of this knowledge and these tools by
persons who are untrained or have criminal intent. Therefore,
the licensing of locksmiths is necessary to protect public
health, safety, and welfare. (2001-369, s. 1.)

§ 74F-3. Licenses required.
No person shall perform or offer to perform locksmith
services in this State unless the person has been licensed under
the provisions of this Chapter. A violation of this section is a
Class 3 misdemeanor unless the conduct is covered under some
other provision of law providing greater punishment. (2001-369,
s. 1.)

§ 74F-4. Definitions.
The following definitions apply in this Chapter:
(1) Apprentice. - A person who has been issued an
apprenticeship designation by the Board.
(1a) Board. - The North Carolina Locksmith Licensing
Board.
(2) Code book. - A compilation, in any form, of key
codes and combinations.
(3) License. - A certificate issued by the Board
recognizing the person named therein as having met
the requirements to perform locksmith services as
defined in this Chapter.
(4) Locksmith. - A person who has been issued a license
by the Board.
(5) Locksmith services. - Repairing, rebuilding,
rekeying, repinning, servicing, adjusting, or
installing locks, mechanical or electronic locking
devices, access control devices, egress control
devices, vaults, and safe-deposit boxes for
compensation or other consideration, including
services performed by safe technicians.
(6) Locksmith tools. - Any tools that are designed or
used to open a mechanical or electrical locking
device in a way other than that which was intended
by the manufacturer. (2001-369, s. 1; 2003-350, ss.
1, 2.)

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: lecatpuke

[Varjeal]

North Dakota
This has not been submitted yet.

[Varjeal]

Ohio

http://onlinedocs.andersonpublishing.com/revisedcode/

§ 2923.24. Possessing criminal tools.


(A) No person shall possess or have under the person's control any substance, device, instrument, or article, with purpose to use it criminally.

(B) Each of the following constitutes prima-facie evidence of criminal purpose:

(1) Possession or control of any dangerous ordnance, or the materials or parts for making dangerous ordnance, in the absence of circumstances indicating the dangerous ordnance, materials, or parts are intended for legitimate use;

(2) Possession or control of any substance, device, instrument, or article designed or specially adapted for criminal use;

(3) Possession or control of any substance, device, instrument, or article commonly used for criminal purposes, under circumstances indicating the item is intended for criminal use.

(C) Whoever violates this section is guilty of possessing criminal tools. Except as otherwise provided in this division, possessing criminal tools is a misdemeanor of the first degree. If the circumstances indicate that the substance, device, instrument, or article involved in the offense was intended for use in the commission of a felony, possessing criminal tools is a felony of the fifth degree.

In addition to the one above.

§ 2911.31. Safecracking.

(A) No person, with purpose to commit an offense, shall knowingly enter, force an entrance into, or tamper with any vault, safe, or strongbox.
(B) Whoever violates this section is guilty of safecracking, a felony of the fourth degree.

HISTORY: 134 v H 511 (Eff 1-1-74); 146 v S 2. Eff 7-1-96.

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: lecatpuke

[/quote]

[Varjeal]

Oklahoma

http://www.lsb.state.ok.us/

§21 1437. Possession of burglar's implements.

Every person who, under circumstances not amounting to a felony has in his possession any dangerous offensive weapon or instrument whatever, or any pick lock, crow, key, bit, jack, jimmy, nippers, pick, betty or other implement of burglary, with intent to break and enter any building or part of any building, booth, tent, railroad car, vessel or other structure or erection and to commit any felony therein, is guilty of a misdemeanor.
R.L.1910, § 2617.

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: lecatpuke

[Varjeal]

Oregon
Legislation: SENATE BILL 466

In line 2 of the printed bill, after 'detection' insert ';
amending ORS 164.225, 164.235 and section 19, chapter 666, Oregon
Laws 2001'. Delete lines 4 through 22 and insert:

SECTION 1. ORS 164.235 is amended to read:
(1) A person commits the crime of possession of burglar's tools if the person possesses any burglar tool with the intent to use the tool or knowing that some person intends to use the tool to commit or facilitate a forcible entry into premises or theft by a physical taking - ... 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) Burglar tool ... 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 burglar's tools ... a burglary tool or theft device is a Class A misdemeanor.

SECTION 2 ORS 164.225 is amended to read:
(1) A person commits the crime of burglary in the first degree if the person violates ORS 164.215 and the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom the person:

(a) Is armed with a burglar's tool (burglary tool or theft device) as defined in ORS 164.235 or a deadly weapon; or

(b) Causes or attempts to cause physical injury to any
person; or

(c) Uses or threatens to use a dangerous weapon.

(2) Burglary in the first degree is a Class A felony.

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: Safecracker

[Varjeal]

Pennsylvania

Thanks to bigbike for this addition:

www.gpla.org/pasb286.html

[Varjeal]

Rhode Island

http://www.rilin.state.ri.us/Statutes/Statutes.html

§ 31-9-11 Sale, purchase, or possession of keys or manipulative devices for automobiles. – Any person who shall sell, offer for sale, purchase, or have in his or her possession keys or manipulative devices designed or adapted to operate the ignition switches, door locks, or trunk locks of two (2) or more motor vehicles, the ignition switches, door locks, and trunk locks of which are designed or intended to be operated with a different key or set of keys for each vehicle, and those vehicles are not owned or leased by that person or in his or her lawful possession and control, unless that person is a locksmith, a duly licensed automobile dealer, a duly licensed body repair shop, an officer or employee of an automobile club or association, or a member of a duly authorized law enforcement agency, shall be guilty of a felony.

§ 11-8-7 Making, repairing, or possessing burglar tools. – Whoever makes or mends, or does any work connected with the making or reparation of, or has in his or her possession any engine, machine, tool, false key, pick lock, nippers, or implement of any kind adapted and designed for cutting through, forcing, breaking open, or entering a building, room, vault, safe, or other depository, in order to steal from it money or other property, or to commit any other crime, knowing the equipment to be adapted and designed for this purpose, with intent to use or employ, or allow the equipment to be used or employed, for this purpose, shall be imprisoned not more than ten (10) years.

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: lecatpuke

[Varjeal]

South Carolina
Legislation: Unknown

SECTION 16-11-20. Making, mending or possessing tools or other implements capable of being used in crime. [SC ST SEC 16-11-20]

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.

SECTION 16-11-30. Possession of master keys and nonowner key sets. [SC ST SEC 16-11-30]

(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.

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: jbgerald

[Varjeal]

South Dakota

http://legis.state.sd.us/statutes/index.cfm

22-32-17. Possession of weapon or tools with intent to commit burglary as felony. Any person who has in his possession any weapon or instrument or explosive useful for the commission of a burglary, with the intent to commit a burglary, is guilty of a Class 5 felony.

22-32-18. Justifiable possession of explosives or burglar's tools by merchants or dealers. Repealed by SL 1976, ch 158, § 32-5.

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: lecatpuke

[Varjeal]

Tennessee
Legislation: T.P.I. -- CRIM. 17.01

POSSESSION OF BURGLARY TOOLS
Any person who commits the offense of unlawful possession of burglary tools is guilty of a crime.

For you to find the defendant guilty of this offense, the state must have proven beyond a reasonable doubt the existence of the following essential elements:1

(1) that the defendant possessed a [tool] [machine] [implement];
and
(2) that the defendant intended to use the (tool) (machine) (implement) allow the (tool) (machine) (implement) to be used to commit a burglary.

There are two (2) types of possession recognized in the law: actual possession and constructive possession. A person who knowingly has direct physical control over an object at a given time is then in actual possession of it. A person who, although not in actual possession, knowingly has both the power and intention at any given time to exercise dominion and control over an object is then in constructive possession of it.2

The law also recognizes that possession may be sole or joint.3 If one (1) person alone has actual or constructive possession of a thing, possession is sole. If two (2) or more persons have actual or constructive possession of a thing, their possession is joint.

A "burglary" is committed when a person enters a building or motor vehicle or remains concealed in a building, without the effective consent of the owner of that property, with the intent to commit a theft, assault or a felony therein.4

"Intentionally" means that a person acts intentionally with respect to the nature of the conduct or to a result of the conduct when it is the person's conscious objective or desire to engage in the conduct or cause the result.5

FOOTNOTES
1. Tenn. Code Ann. § 39-14-701.
2. State v. Williams, 623 S.W.2d 121 (Tenn. Crim. App. 1981).
3. State v. Copeland, 677 S.W.2d 471 (Tenn. Crim. App. 1984).
4. Tenn. Code Ann. § 39-14-402. The trial judge may wish to charge T.P.I. --CRIM. 14.01 in place of this definition.
5. Tenn. Code Ann. § 39-11-106(a)(1.

COMMENTS
1. Possession of burglary tools is a Class A misdemeanor. Tenn. Code Ann. § 39-14-701.

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: lockpickroy


Texas
Legislation: Unknown

Sec. 16.01. Unlawful Use of Criminal Instrument.

(a) A person commits an offense if:

(1) he possesses a criminal instrument with intent to use it
in the commission of an offense; or

(2) with knowledge of its character and with intent to use
or aid or permit another to use in the commission of an
offense, he manufactures, adapts, sells, installs, or sets up a
criminal instrument.

(b) For the purpose of this section, "criminal instrument"
means anything, the possession, manufacture, or sale of which is
not otherwise an offense, that is specially designed, made, or
adapted for use in the commission of an offense.

(c) An offense under Subsection (a)(1) is one category lower
than the offense intended. An offense under Subsection (a)(2) is
a state jail felony.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974.
Amended by Acts 1975, 64th Leg., p. 913, ch. 342, Sec. 7, eff.
Sept. 1, 1975; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff.
Sept. 1, 1994.

§ 12.35. State Jail Felony Punishment
(a) Except as provided by Subsection (c), an individual adjudged guilty of a state jail felony shall be punished by confinement in a state jail for any term of not more than two years or less than 180 days.

(b) In addition to confinement, an individual adjudged guilty of a state jail felony may be punished by a fine not to exceed $10,000.

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: Safecracker, bushd

[Varjeal]

Utah

http://www.livepublish.le.state.ut.us/l ... vid=98&2.0

22-32-17. Possession of weapon or tools with intent to commit burglary as felony. Any person who has in his possession any weapon or instrument or explosive useful for the commission of a burglary, with the intent to commit a burglary, is guilty of a Class 5 felony.

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: lecatpuke

[Varjeal]

Vermont

VT Statutes Title 13 Part 1 Chapter 23 § 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.

Amended 1971, No. 199 (Adj. Sess.), § 15; 1981, No. 223 (Adj. Sess.), § 23.

Submitted by RodVT

[Varjeal]

Virginia
Legislation: Unknown

§ 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.

(Code 1950, § 18.1-87; 1960, c. 358; 1970, c. 587; 1975, cc. 14, 15.)

http://leg1.state.va.us/cgi-bin/legp504 ... od+18.2-94
Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: wormy

[Varjeal]

Washington
Legislation: Unknown

RCW 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.

http://www.leg.wa.gov/RCW/index.cfm?fus ... =9A.52.060

Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: Fuglee