The New and Organized Lockpicking Law Thread--by marso

[Varjeal]

Kentucky
Legislation: Unknown

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 curcumstances which leave no reasonable doubt as to his:

(a) Intention to use the same in commission of an offense of such character; or
(b) Knowledge that some other person intends to use the same in commission of an offense of such character.

(2) Possession of burglar's tools is a Class A misdemeanor.

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

[Varjeal]

Louisiana
This has not been submitted yet.

[Varjeal]

Maine
This has not been submitted yet.
http://janus.state.me.us/legis/statutes ... ec403.html

§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 [2001, c. 383, §60 (amd); §156 (aff).]


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. [2001, c. 383, §60 (amd); §156 (aff).]

[2001, c. 383, §60 (amd); §156 (aff).]

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

[Varjeal]

Maryland
Legislation: Maryland Code, Criminal Law

MD Code, Criminal Law, § 6-201
Crimes Against Property
Subtitle 2. Burglary and Related Crimes
§ 6-201. Definitions

Burglar's tool

(c)(1) "Burglar's tool" means a tool, instrument, or device adapted, designed, or used to commit or facilitate the commission of a burglary crime.

(2) "Burglar's tool" includes:
(i) a picklock, key, crowbar, prybar, jack, or bit;
(ii) explosive material including nitroglycerine, dynamite, or gunpowder; and
(iii) a device capable of burning through metal, concrete, or other solid material, including an acetylene torch, electric arc, burning bar, thermal lance, or oxygen lance.

§ 6-205. Burglary in the fourth degree

Prohibited--Possession of burglar's tool

(d) A person may not possess a burglar's tool with the intent to use or allow the use of the burglar's tool in the commission of a violation of this subtitle.

§ 6-206. Breaking and entering motor vehicle--Rogue and vagabond

Prohibited--Possession of burglar's tool

(a) A person may not possess a burglar's tool with the intent to use or allow the use of the burglar's tool in the commission of a crime involving the breaking and entering of a motor vehicle.

§ 6-207. Burglary with destructive devices

Prohibited

(a) 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.

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

[Varjeal]

Massacusetts
Legislation: Unknown

Chapter 266 (crimes against property)

Section 49. Burglarious instruments; making; possession; use.
Whoever makes or mends, or begins to make or mend, or knowingly has in his possession, an engine, machine, tool or implement adapted and designed for cutting through, forcing or breaking open a building, room, vault, safe or other depository, IN ORDER TO STEAL THEREFROM money or other property, or to commit any other crime, knowing the same to be adapted and designed for the purpose aforesaid, WITH INTENT TO USE OR EMPLOY OR ALLOW the same to be used or employed for such purpose, or whoever knowingly has in his possession a master key designed to fit more than one motor vehicle, WITH INTENT, TO USE OR EMPLOY THE SAME to steal a motor vehicle or other property therefrom, shall be punished by imprisonment in the state prison for not more than ten years or by a fine of not more than one thousand dollars and imprisonment in jail for not more than two and one half years.

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

[Varjeal]

Michigan

http://www.michiganlegislature.org/mile ... ight=tools

750.116 Burglar's tools; possession.
Sec. 116.

Possession of burglar's tools—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.


History: 1931, Act 328, Eff. Sept. 18, 1931 ;--CL 1948, 750.116 .

Former Law: See section 53 of Ch. 154 of R.S. 1846, being CL 1871, § 7604; How., § 9175; CL 1897, § 11589; CL 1915, § 15334; CL 1929, § 16930; and Act 116 of 1867.

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

[Varjeal]

Minnesota

http://www.revisor.leg.state.mn.us/stats/609/59.html

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.

HIST: 1963 c 753 art 1 s 609.59; 1984 c 628 art 3 s 11; 1986 c
444; 1988 c 712 s 13

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

[Varjeal]

Mississippi
Legislation: Unknown

SEC. 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.

SOURCES: Codes, 1892, Sec. 997; 1906, Sec. 1074; Hemingway's 1917, Sec. 802; 1930, Sec. 818; 1942, Sec. 2044; Laws, 1956, ch. 246.

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

[Varjeal]

Missouri
Legislation: Missouri Revised Statutes
Chapter 569
Robbery, Arson, Burglary and Related Offenses
Section 569.180

August 28, 2005

Possession of burglar's tools.

569.180.1 A person commits the crime of possession of burglar's tools if he possesses any too, 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 knowlede 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 burgglar's tools is class D felony.

(L. 1977 S.B. 60)

Effective 1-1-79

(1984) It is not necessary that the tools be "breaking" tools but only that they be adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into the premises. A flashlight and a pair of gloves can qualify as burglar's tools. State vs. Adkins (Mo.App.). 678 S.W.2d 855

That's what I was able to find. The spacing, punctuation, etc. is exact, double checked too before I submitted it to you. I can not find what the ramifications of a class D felony are but it is at least one year in prison if not more than that (definition of a felony is one or more years in prison from what I could find). The 1984 stuff is in fine print. Of course, what did the Federal government recommend everyone to have in their cars after 911? Flashlight and gloves.... Things that make you go hmmmm....


Word on the street: Unknown
Selling picks: Unknown
Summary: (At home) Unknown, (In public) Unknown, (Sell) Unknown
Submitted: rogue, updated by ablazia

[Varjeal]

Montana
Legislation: Unknown

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.

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

[Varjeal]

Nebraska

http://statutes.unicam.state.ne.us/default.asp

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.



28-1316
Unlawful use of locks and keys; penalty; exceptions.


(1) A person commits the offense of unlawful
use of locks and keys if he:
(a) Sells, offers to sell, or gives to any person other
than a law enforcement agency, dealer licensed under the
provisions of Chapter 60, article 14, motor vehicle manufacturer,
or person regularly carrying on the profession of a locksmith any
try-out key, manipulation key, wiggle key, or any other device
designed to be used in place of the normal change key of any
motor vehicle; or
(b) Has in his possession any try-out key, wiggle key,
manipulation key, or any other device designed to be used in
place of the normal change key of any motor vehicle unless he is
a locksmith, locksmith manufacturer, dealer licensed under the
provisions of Chapter 60, article 14, motor vehicle manufacturer,
or law enforcement agency; or
(c) Duplicates a master key for anyone unless written
permission has been granted by the person who has legal control
of the master key. All master keys shall be stamped with the
words DO NOT DUPLICATE. All duplications of master keys shall
also be stamped with the words DO NOT DUPLICATE.
(2) Nothing in subsection (1) of this section shall be
construed to make it unlawful if:
(a) The owner of two or more vehicles possesses a
change key that can be used on two or more vehicles that he owns;
or
(b) Such owner changes the locks on such vehicle so
that they are keyed alike; or
(c) Any person makes or duplicates the original change
keys for such an owner; or
(d) Anyone stamps any other type of key with the words
DO NOT DUPLICATE.
(3) Unlawful use of locks and keys is a Class III
misdemeanor.

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

[Varjeal]

Nevada
Legislation: Unknown

NRS 205.080 Possession of instrument with burglarious intent; making, alteration or repair of instrument for committing offense.

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.

[1911 C&P § 372; RL § 6637; NCL § 10322]-(NRS A 1989, 1453)
NRS 597.880 Sale and advertising of master keys for motor vehicles limited; penalty.

1. As used in this section, ?master motor vehicle key set? means a key or keys that may be used to operate more than one motor vehicle.

2. A person shall not sell a master motor vehicle key set to any person except automobile dealers, automobile repairmen, locksmiths and peace officers of the State of Nevada.

3. A person shall not advertise the sale of a master motor vehicle key set except in trade journals of automobile dealers, automobile repairmen and locksmiths.

4. Any person who violates the provisions of subsection 2 or 3 is guilty of a misdemeanor.

(Added to NRS by 1967, 142; A 1985, 347)-(Substituted in revision for NRS 598.040)

NRS 655.040 ?Locksmith? defined. ?Locksmith? means a person whose occupation consists, in whole or in part, of:

1. Making, repairing or adjusting locks; or

2. Operating locks by mechanical means other than those intended by the manufacturers of the locks.

(Added to NRS by 1971, 839)

NRS 655.050 ?Permit? defined. ?Permit? means a permit to operate as a locksmith or safe mechanic.

(Added to NRS by 1971, 839)

NRS 655.060 ?Safe mechanic? defined. ?Safe mechanic? means a person whose occupation consists in whole or in part of repairing, operating, adjusting or changing combinations on safes or vaults.

(Added to NRS by 1971, 839)

NRS 655.070 Permit: Requirement; investigation; issuance; renewal; report of change of address.

1. Every person who wishes to operate as a locksmith or safe mechanic must obtain a permit from the sheriff of the county in which his principal place of business is located.

2. The sheriff of a county shall investigate each applicant and shall issue a permit to each applicant who qualifies under any ordinance adopted by the board of county commissioners of the county which regulates the occupation of locksmiths and who is found by the board of county commissioners to be suitable. An ordinance adopted by the board of county commissioners must specify fees for the issuance and renewal of a permit.

3. A permit expires 5 years after the date it was obtained and may be renewed.

4. The holder of a permit shall have the permit in his possession at all times.

5. The holder of a permit shall report any change of address of his principal place of business to the sheriff of the county in which the permit was obtained within 10 days after the change occurs.

(Added to NRS by 1971, 839; A 1981, 268; 1999, 31)

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

[Varjeal]

New Hampshire

http://www.gencourt.state.nh.us/rsa/htm ... fault.html

635:1 Burglary. –
V. A person is guilty of a misdemeanor if he makes or mends, or begins to make or mend, or knowingly has in his possession, an engine, machine, tool, or implement adapted and designed for cutting through, forcing or breaking open a building, room, vault, safe, or other depository, in order to steal therefrom money or other property, or to commit any other crime, knowing the same to be adapted and designed for the purpose aforesaid, with intent to use or employ or allow the same to be used or employed for such purpose.

644:6 Loitering or Prowling. –
I. A person commits a violation if he knowingly appears at a place, or at a time, under circumstances that warrant alarm for the safety of persons or property in the vicinity. Circumstances which may be considered in determining whether such alarm is warranted include, but are not limited to, when the actor:
(c) Has in his possession tools or other property which would lead a reasonable person to believe a crime was about to be perpetrated.

262:13 Possession of Master Keys. – No person shall have in his possession a motor vehicle master key except for the following:
I. Motor vehicle dealers registered under RSA 261:104.
II. Garage mechanics, parking lot attendants or others engaged in the business of repairing, storing or maintaining physical security over motor vehicles.
III. Law enforcement officers.
IV. Locksmiths, key makers or other persons engaged in the business of designing, making, altering, duplicating or repairing locks or keys.
V. A common or contract carrier when such keys are for use incidental to the conduct of its business.
VI. Officers or employees of any automobile club or association if such keys are for use in connection with the activities of such club or association.
VII. Employees of any governmental agency if such keys are for use in connection with the activities of such agency.

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

[Varjeal]

New Jersey

http://lis.njleg.state.nj.us/cgi-bin/om ... Frame_Pg42

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.

Amended 1979,c.178,s.18A; 1992,c.198,s.1.


2C:5-6. Motor vehicle master keys
a. Any person who knowingly possesses a motor vehicle master key or device designed to operate a lock or locks on motor vehicles or to start a motor vehicle without an ignition key is guilty of a crime of the fourth degree.

b. Any person who offers or advertises for sale, sells or gives to any person other than those excepted in subsection c. a motor vehicle master key or device designed to operate a lock or locks on a motor vehicle or to start a motor vehicle without an ignition key is guilty of a crime of the fourth degree.

c. Subsection a. shall not apply to a law enforcement officer, constable, locksmith or dealer, distributor or manufacturer of motor vehicles or motor vehicle locks, a garage keeper, or a person engaged in the business of lending on the security of motor vehicles, or in the business of acquiring by purchase evidence of debt secured by interests in motor vehicles, and his employees and agents.

L.1978, c. 95, s. 2C:5-6, eff. Sept. 1, 1979.

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

[Varjeal]

New Mexico


http://www.conwaygreene.com/NewMexico.htm

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.

14-1633. Possession of burglary tools; essential elements.

For you to find the defendant guilty of possession of burglary tools [as charged in Count __________]1, the state must prove to your satisfaction beyond a reasonable doubt each of the following elements of the crime:

1. The defendant had in his possession2 __________________ (name of tools or devices), which are designed for or commonly used in the commission of a burglary;

2. The defendant intended that these __________________ (tools or devices) be used for the purpose of committing a burglary;

3. This happened in New Mexico on or about the __________ day of ______________, __________.

USE NOTE
1. Insert the count number if more than one count is charged.
2. See UJI 14-130 for definition of "possession," if the question of possession is in issue.

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