Penal Code § 466 PC - Possession of Burglary Tools
1. What is Penal Code 466 PC?
Penal Code § 466 PC Law Reads As Followed:
Every person having upon him or her in his or her possession a picklock, crow, keybit, crowbar, screwdriver, vise grip pliers, water-pump pliers, slide hammer, 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
2. What are Examples of Penal Code § 466 PC?
California Penal Code § 466 PC makes it a crime to possess burglary tools with the intent to commit burglary. To fully understand how this law is applied, it’s helpful to examine common examples of situations where someone might be charged under this statute. These examples provide insight into the law’s nuances, particularly the importance of intent and the types of tools considered illegal when tied to criminal intent.
Common Examples of Penal Code § 466 PC in Action
1. Carrying a Slim Jim While Walking Through a Parking Lot
A person is stopped by police late at night while walking through a parking lot. In their backpack, officers find a slim jim, a tool commonly used to unlock cars. If the person cannot provide a legitimate reason for having the slim jim and there’s evidence they intended to break into vehicles, they could be charged under Penal Code § 466 PC.
2. Possession of a Screwdriver with Intent to Break Into a Home
Someone is found outside a locked home late at night with a screwdriver in their pocket. While a screwdriver is an ordinary tool, it becomes a “burglary tool” under this law if police find additional evidence—such as the person attempting to pry open a window or possessing other suspicious items like gloves and ski masks.
3. Driving with Burglary Tools in the Car
A driver is pulled over for a traffic violation, and during a search, officers discover a crowbar, bolt cutters, and ceramic spark plug chips (used to shatter car windows). If the driver was recently seen casing a neighborhood or if the police find evidence of planned burglaries, the driver may face charges under Penal Code § 466 PC.
4. Using a Lock Pick to Attempt Unauthorized Entry
Someone is caught using a lock-picking set to open the door of a closed business. Whether they succeed or not, the act of possessing the lock-picking tools with the intent to unlawfully enter the property qualifies as a violation of Penal Code § 466 PC.
5. Walking Around a Neighborhood with Suspicious Tools
Police encounter an individual walking through a residential neighborhood carrying a backpack containing tension bars, a bump key, and a flashlight. If the person is loitering near homes without explanation and their behavior suggests intent to burglarize, they could be charged under this statute.
6. Possessing Tools to Break Into a Vehicle
A person is found inside a parking structure with a slide hammer, a tool used to remove car locks, and is suspected of attempting to steal a vehicle. Even if they haven’t yet used the tool, possession with criminal intent violates Penal Code § 466 PC.
7. Carrying Spark Plug Chips for Window Breaking
Police observe someone lingering near parked cars with a small bag containing ceramic spark plug chips. These chips, though small, are often used to silently shatter car windows. Combined with suspicious behavior or other evidence of intent, this possession may lead to a charge under this law.
3. What are the Common Defenses Against Penal Code § 466 PC?
California Penal Code § 466 PC criminalizes the possession of burglary tools with the intent to commit burglary. However, being charged under this statute does not guarantee a conviction. There are several legal defenses that can effectively challenge the charges. An experienced attorney can identify weaknesses in the prosecution’s case and build a robust defense strategy.
Common Defenses Against Penal Code § 466 PC
1. No Intent to Commit a Crime
Possession of tools listed under Penal Code § 466 is not illegal unless the prosecution can prove that you intended to use them for burglary. Simply having items like a screwdriver, crowbar, or slim jim is not a crime unless tied to criminal intent.
Example Defense: You were carrying a screwdriver to fix your car, not to break into a property. There’s no evidence suggesting you planned to commit burglary.
2. Tools Were Not Burglary Tools
The statute defines specific items as burglary tools but also leaves room for interpretation with “other tools or instruments.” This vagueness can be challenged if the tools in question do not clearly meet the definition of burglary tools or if their purpose was lawful.
Example Defense: A box cutter found in your possession was for work-related use, not burglary. Your attorney could argue that it doesn’t qualify as a burglary tool under Penal Code § 466.
3. Lack of Evidence of Intent
Proving intent is critical in a Penal Code § 466 PC case. The prosecution often relies on circumstantial evidence, such as time, location, or suspicious behavior, to establish intent. A skilled attorney can argue that the evidence presented does not sufficiently prove you intended to commit burglary.
Example Defense: You were found near a property late at night with tools in your car, but you were merely waiting for a friend. There’s no concrete evidence tying your presence to an intent to burglarize.
4. Unlawful Search and Seizure
If law enforcement officers violated your constitutional rights by conducting an illegal search without a warrant or probable cause, any evidence they obtained—including burglary tools—may be excluded from the case. Without this evidence, the prosecution’s case may weaken significantly.
Example Defense: Police stopped and searched your vehicle without reasonable suspicion or consent, discovering tools in your trunk. Your attorney could file a motion to suppress the evidence.
5. You Had Permission to Possess the Tools
If you had a legitimate reason to possess the tools or were authorized to have them for a specific purpose, the charges may not hold up. This defense applies in situations like locksmiths, contractors, or automotive technicians using tools for their trade.
Example Defense: You are a locksmith carrying lock-picking tools as part of your job. There’s no intent to commit a crime because you were authorized to use these tools professionally.
6. Mistaken Identity or False Accusations
In some cases, individuals may be falsely accused or mistakenly identified as possessing burglary tools. If the tools were not in your possession or if another person was responsible, this defense could clear your name.
Example Defense: You were riding in a friend’s car, and the tools found in the trunk belonged to them. You had no knowledge or intent to commit burglary.
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4. What are The Penalties for Violating Penal Code § 466 PC?
California Penal Code § 466 PC makes it a crime to possess burglary tools with the intent to commit burglary. If convicted, individuals face penalties that include fines, jail time, and potential probation. Understanding these penalties is essential for anyone charged under this statute, as it highlights the consequences and what can be done to mitigate them.
Classification of the Crime
A violation of Penal Code § 466 PC is classified as a misdemeanor. While misdemeanors carry less severe penalties than felonies, a conviction can still have significant consequences on an individual’s life, including a permanent mark on their criminal record.
Penalties for Violating Penal Code § 466 PC
1. Jail Time
A conviction can result in up to six months in county jail. The actual sentence will depend on the circumstances of the case, the defendant’s prior criminal record, and any plea agreements made.
2. Fines
Individuals convicted under Penal Code § 466 PC may be required to pay fines of up to $1,000. This financial penalty is in addition to any court fees or restitution that may apply.
3. Misdemeanor Probation
Instead of jail time, a judge may grant misdemeanor (summary) probation. This allows the defendant to avoid incarceration while adhering to court-imposed conditions, such as:
Regular check-ins with a probation officer.
Attending court-ordered counseling or classes.
Avoiding contact with specific individuals or places.
Additional Consequences of a Conviction
While the direct penalties of jail time, fines, and probation are significant, other consequences can arise from a Penal Code § 466 PC conviction:
1. Criminal Record
A misdemeanor conviction becomes part of the individual’s criminal record. This can impact:
Employment opportunities.
Housing applications.
Professional licensing.
2. Immigration Consequences
Fortunately, a conviction under Penal Code § 466 PC is not considered a crime involving moral turpitude or an aggravated felony. Therefore, it typically does not have direct immigration consequences, such as deportation or inadmissibility.
3. Impact on Gun Rights
Since a Penal Code § 466 PC conviction is a misdemeanor, it does not affect the right to own or possess firearms unless the individual has additional convictions that restrict their rights.
5. What are the Related Offenses To Penal Code § 466 PC?
California Penal Code § 466 PC criminalizes the possession of burglary tools with the intent to commit burglary. However, other offenses closely relate to this statute, often charged alongside or in place of it depending on the circumstances. Understanding these related offenses can help provide a clearer picture of the broader legal landscape surrounding theft and property crimes.
1. Trespassing – Penal Code § 602 PC
Trespassing involves entering or remaining on someone else’s property without permission or a legal right to do so. While trespassing is a separate offense, it is often connected to possession of burglary tools when someone is caught on private property while carrying items like crowbars or lock picks.
Example:
A person is found sneaking onto a construction site at night with a crowbar in their bag. They could face charges for both trespassing and possession of burglary tools under Penal Code § 466 PC.
Penalties:
Misdemeanor trespassing: Up to 6 months in county jail and/or fines.
Aggravated trespassing (involving threats or stalking): Up to 1 year in county jail.
2. Burglary – Penal Code § 459 PC
Burglary involves entering a structure, vehicle, or vessel with the intent to commit theft or any felony. Possession of burglary tools is often linked to burglary charges when tools are used or intended to facilitate the unlawful entry.
Example:
Someone is caught entering a locked vehicle with a slim jim, intending to steal items inside. They may face both burglary and possession of burglary tools charges.
Penalties:
First-degree burglary (residential): 2–6 years in state prison.
Second-degree burglary (commercial): Up to 3 years in county jail.
3. Possession of Prohibited Weapons – Penal Code § 16590 PC
This statute prohibits the possession, manufacture, or sale of certain dangerous weapons, such as brass knuckles, short-barreled shotguns, and other devices deemed hazardous. If someone possesses weapons along with burglary tools, they could face additional charges under Penal Code § 16590.
Example:
A person is found with a crowbar, ski mask, and brass knuckles while casing a neighborhood. They could be charged under both Penal Code § 466 PC and § 16590 PC.
Penalties:
Misdemeanor: Up to 1 year in county jail.
Felony: 16 months to 3 years in state prison.
4. Unlawful Acts with Keys or Ignitions
California law prohibits the unauthorized possession, manufacturing, or use of certain types of keys and ignition devices. These offenses are often charged alongside Penal Code § 466 PC when burglary tools are involved.
Key Related Offenses:
Possession of Motor Vehicle Master Keys – Penal Code § 466.5 PC
Possessing a master key to a vehicle without authorization.Unlawful Manufacture of Keys – Penal Code § 469 PC
Manufacturing or duplicating keys for residential or commercial properties without permission.
Example:
A person is stopped with a set of master keys, a tension wrench, and evidence of intent to steal cars. They could face charges under both Penal Code § 466 PC and § 466.5 PC.
Penalties:
Misdemeanor charges: Up to 6 months in county jail and fines up to $1,000.
5. Attempted Burglary – Penal Code § 664/459 PC
Attempted burglary applies when someone takes direct steps to commit burglary but does not complete the act. Possession of burglary tools often supports charges of attempted burglary, as it demonstrates intent.
Example:
A person is caught trying to pry open a store window with a crowbar but flees before entering. They could be charged with both possession of burglary tools and attempted burglary.
Penalties:
Half the sentence of the corresponding completed crime (e.g., first-degree burglary attempt: 1–3 years in state prison).
6. Receiving Stolen Property – Penal Code § 496 PC
Possessing burglary tools may lead to suspicions of other property crimes, such as receiving stolen goods. Prosecutors may use evidence of burglary tools to argue a connection to stolen property.
Example:
A person is found with stolen items in their car alongside a set of lock-picking tools. They could face charges under Penal Code § 466 PC and § 496 PC.
Penalties:
Misdemeanor: Up to 1 year in county jail.
Felony: 16 months to 3 years in state prison.
7. Vandalism – Penal Code § 594 PC
Vandalism occurs when someone damages or defaces another person’s property. If burglary tools, such as crowbars or sledgehammers, are used to gain entry and cause damage, vandalism charges may also apply.
Example:
Breaking a store’s window with a crowbar to gain entry could result in charges under both Penal Code § 466 PC and § 594 PC.
Penalties:
Misdemeanor: Up to 1 year in county jail for damages under $400.
Felony: Up to 3 years in state prison for damages exceeding $400.
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