Penal Code § 466 PC – Possession of Burglary Tools – California Law

Penal Code § 466 PC makes it a crime to possess burglary tools with the intent of breaking into a dwelling, structure, automobile, or watercraft. Burglary tools may include picklocks, crowbars, screwdrivers, and slide hammers. A conviction is a misdemeanor punishable by up to six months in the county jail and fines of up to $1000.00.

The full language of the code section states that:

466. Every person having upon him or her in his or her possession a 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 with intent feloniously to break or enter into any building, railroad car, aircraft, or vessel, trailer coach, or vehicle as defined in the Vehicle Code, or who shall knowingly make or alter, or shall attempt to make or alter, any key or other instrument named above so that the same will fit or open the lock of a building, railroad car, aircraft, vessel, trailer coach, or vehicle as defined in the Vehicle Code, without being requested to do so by some person having the right to open the same, or who shall make, alter, or repair any instrument or thing, knowing or having reason to believe that it is intended to be used in committing a misdemeanor or felony, is guilty of a misdemeanor. Any of the structures mentioned in Section 459 shall be deemed to be a building within the meaning of this section.

Examples

• having a screwdriver in a pocket while intending to break into a home.
• driving a car with burglary tools inside while the driver is planning to burglarize a home.
• walking in a neighborhood with criminal intent while carrying a slim jim in a backpack.

Defenses

You can challenge a charge under this statute with a legal defense. Common defenses include:

• you had no intent to commit a crime,
• there were no burglary tools, and/or
• the police committed an unlawful search and seizure.

Penalties

A violation of PC 466 is a misdemeanor. This is opposed to a felony or an infraction.

The offense is punishable by:

• custody in county jail for up to six months, and/or
• a maximum fine of $1,000.

A judge can award misdemeanor (or summary) probation instead of jail time.

Our California criminal defense attorneys will discuss the following in this article:

• 1. When is possessing burglary tools a crime?
  • 1.1. Intent
  • 1.2. Other tools or instruments
• 2. Are there legal defenses?
  • 2.1. You had no intent to commit a crime
  • 2.2. There were no burglary tools
  • 2.3. The police conducted an unlawful search and seizure
• 3. What are the penalties?
• 4. Are there immigration consequences?
• 5. Can I get a conviction expunged?
• 6. Does a conviction affect gun rights?
• 7. Are there related offenses?
  • 7.1. Trespass – PC 602
  • 7.2. Possession of prohibited weapons – PC 16590
  • 7.3. Unlawful acts with keys and ignitions
• Additional resources

1. When is possessing burglary tools a crime?

A prosecutor must prove the following to convict you under this statute:

1. you possessed a burglary tool, and
2. you did so with the intent to commit burglary (per Penal Code 459 PC).¹

The statute lists over 15 types of objects that are considered burglary tools. Some include:

• keybits,
• vise grip pliers,
• slidehammers,
• tension bars,
• picklocks,
• master keys, and
• spark plug chips.²

In addition to the above, the law says that burglary tools can be “other tools or instruments.”

Questions often arise under this statute on the meaning of:

• “intent,” and
• “other tools or instruments.”

1.1. Intent

Penal Code 466 says that a person must have “felonious intent” to be guilty of this crime.³ This means an intent to commit burglary.

You commit burglary if:

• you enter a structure or car, and
• you do so with the intent to commit a felony or petty theft once inside.⁴

Circumstantial evidence is often used to prove intent under this statute. This means facts from the case that can reasonably infer guilt.

Example: Police pulled Jim over for speeding. They asked if they could search his car and he said, “yes.” A search discovered a crowbar and a picklock.

Here, Jim cannot be charged for possession of burglary tools. While he may have had “burglary tools” in his car, there is no evidence that he had the intent to commit burglary.

The case would be different, though, if a search also discovered black sweatshirts, ski masks, walkie-talkie radios, binoculars, and a headlight. All this is circumstantial evidence that suggests Jim planned on committing a burglary.

1.2. Other tools or instruments

While PC 466 lists many objects that can be considered “burglary tools,” the law also states that these tools can be “other tools or instruments.”

Some “other tool” can be a burglary tool if it is similar to those mentioned in the statute.⁵

Example: Marcos is charged under this statute. Cops found him suspiciously walking near the door to a closed restaurant, and he possessed a box cutter knife and a slingshot. At trial, a police officer testifies that these items are similar to objects listed in PC 466. He also states that the objects can be used to commit a burglary.

Here, a jury can find Marcos guilty of possessing burglary tools. Although the objects he had were not listed in Penal Code 466, evidence shows that they are similar to them.

2. Are there legal defenses?

Here at Shouse Law Group, we have represented literally thousands of people charged with theft-related crimes such as possession of burglary tools. In our experience, the following three defenses have proven very effective with prosecutors and judges.

2.1. You had no intent to commit a crime

Probably our most powerful defense is to argue that you lacked intent to commit a crime. Prosecutors have no concrete way of showing what is going on inside your head, and therefore they can never directly disprove that you lacked intent.

Meanwhile, prosecutors bear the heavy burden of proving guilt beyond a reasonable doubt in order to convict you. As long as your intent remains in question, prosecutors may be forced to dismiss your burglary tools charge.

2.2. There were no burglary tools

California’s definition of burglary tools is pretty narrow, and what qualifies as a burglary tool can be subjective. To show that you had no burglary tools, we rely on:

• video surveillance footage,
• eyewitness accounts, and
• expert witnesses who can testify as to what constitutes a burglary tool.

If we convince the D.A. that whatever items you may have had fall outside the burglary tool definition, the charge should be dropped.

2.3. The police conducted an unlawful search and seizure

Police can seize your property only if they have a lawful warrant or a lawful reason to search without a warrant. However, we see cases all the time where the police cut corners and seize property in violation of the owner’s constitutional rights.

If we can convince the judge that the police in your case unlawfully seized your burglary tools, then the judge can disregard them as evidence. At that point, the D.A. may be left with too weak of a case to continue prosecuting.

3. What are the penalties?

A violation of these laws is a misdemeanor.

The offense is punishable by:

• custody for up to six months in county jail (as opposed to state prison), and/or
• a maximum fine of $1,000.⁶

4. Are there immigration consequences?

A conviction under this statute does not harm your immigration status because it is not a crime involving moral turpitude or an aggravated felony.

5. Can I get a conviction expunged?

You can get a criminal record expungement of your possession of burglary tools case if you successfully complete:

• probation, or
• their jail term (whichever was imposed).

An expungement is favorable since it removes many of the hardships associated with a conviction.

6. Does a conviction affect gun rights?

A conviction for possession of burglary tools does not harm your gun rights because it is not a felony or related to domestic violence or drugs.

7. Are there related offenses?

There are three crimes related to the possession of burglary tools. These are:

1. trespass -PC 602,
2. possession of prohibited weapons – PC 16590, and
3. unlawful acts with keys and ignitions.

7.1. Trespass – PC 602

Penal Code 602 PC is the California statute that defines the crime of criminal trespass. You commit this offense if you:

1. enter, or remain on, someone else’s property, and
2. do so without permission or a right to do so.

Note that if you trespass with the intent to commit burglary, and you have burglary tools, then you can be charged under:

• PC 602, and
• PC 466.

7.2. Possession of prohibited weapons – PC 16590

Penal Code 16590 PC is the California statute that prohibits:

• manufacturing,
• selling, and/or
• possessing

certain dangerous weapons.

These “generally prohibited weapons” include items like:

• brass knuckles, and
• short-barreled shotguns.

7.3. Unlawful acts with keys and ignitions

Several California laws make it illegal to do certain things or acts with keys and ignitions. Some of these include:

• Penal Code 466.5 PC – Possessing/manufacturing motor vehicle master keys,
• Penal Code 466.6 PC – Making car keys,
• Penal Code 466.65 PC – Possession of tools to bypass motorcycle ignition,
• Penal Code 466.7 PC – Unlawful possession of car keys,
• Penal Code 466.8 PC – Unlawful manufacture of residential or commercial keys, and
• Penal Code 469 PC – Unauthorized key to a state building.

Additional resources

For more in-depth information, refer to these scholarly articles:

• Do Statutes Criminalizing Possession of Burglary Tools Reduce Crime – Capital University Law Review.
• Persistence of touch DNA on burglary-related tools – International Journal of Legal Medicine.
• Criminal Law: Cumulative Sentencing for Offenses within a Single Transaction – University of Florida Law Review.
• Chapter 119: Bump Keys Break into the Penal Code – McGeorge Law Review.
• Burglary and Robbery Plea Bargaining in California: An Organizational Perspective – Justice System Journal.

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