by safecracker » 29 Jul 2003 14:20
most states have a law similar to this, this 1 is actually for Oregon and is part of SENATE BILL 466.
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:
' 164.225. (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.
they can pretty much say that that was your intent whether it was or not, but in most states there are no spacific laws on lockpick tools. It's 1 of those sitting on the fence type of arguements.
