Possession of Burglary Tools – Colorado Law – CRS § 18-4-205

Under CRS § 18-4-205, you can be charged with possession of burglary tools if

1. you are caught with tools commonly used to break into a business, home, or vehicle, and
2. you intend to use the tools for that purpose.

The penalties turn on whether you were allegedly trying to burglarize a home, as shown in the following table:

Possession of Burglary Tools	Colorado Sentence
For the purpose of forcibly entering a dwelling to steal	Class 5 felony:  1 to 3 years in prison and $1,000 to $100,000
For any other purpose	Class 2 misdemeanor:  Up to 120 days in jail and/or $750

The language of Section 18-4-205 states that

(1) A person commits possession of burglary tools if he 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 intends to use the thing possessed, or knows that some person intends to use the thing possessed, in the commission of such an offense. (2) Possession of burglary tools is a class 2 misdemeanor, but it is a class 5 felony if the burglary tools were knowingly possessed to facilitate a forcible entry into a residence for the purpose of a physical taking.¹

The following graphic shows examples of burglary tools. Below, our Colorado criminal defense lawyers discuss the following frequently asked questions about the crime of possession of burglary tools:

• 1. Elements
• 2. Examples
• 3. “Mere Possession”
• 4. Penalties
• 5. Defenses
• 6. Related Offenses
• Additional Reading

1. Elements

In order to prove that you committed the offense of possession of burglary tools, a Colorado prosecutor must prove, beyond a reasonable doubt, that:

1. you possessed
2. any item used for breaking and entering or physical taking
3. with the intent to use the item for that purpose (or with the knowledge that someone else intends to use the item for that purpose).²

If the prosecutor fails to prove any of these elements of the charge, you are not guilty.

2. Examples

Nearly any item can be labeled a “criminal” tool under certain circumstances. Some of the more common items that lead to burglary tools charges include:

• crowbars,
• pliers,
• blowtorches,
• wrenches,
• screwdrivers,
• glass breaking tools,
• magnets (certain kinds used to strip security tags for shoplifting), and
• “spare” key-making kits.

3. “Mere Possession”

Just because you are in possession of a tool commonly used to commit a theft offense does not mean that you are guilty of the crime. The prosecutor must prove not only that you possessed the tool, but also that:

• you intended to use the tool to commit an offense, or
• you knew that another person intended to use the tool to commit an offense. ³

4. Penalties

Possession of burglary tools is a class 5 felony in Colorado if you knowingly possess the tools to break into a residence to steal. Class 5 felonies are punished by:

• 1 to 3 years in prison;
• 2 years of mandatory parole; and/or
• $1,000 to $100,000 in fines.

Otherwise, possession of burglary tools is a class 2 misdemeanor carrying up to 120 days in jail and/or up to $750 in fines.⁴

5. Defenses

Here at Colorado Legal Defense Group, we have represented literally thousands of people charged with burglary or possession of burglary tools. In our experience, the following three defenses have proven very effective with prosecutors, judges, and juries:

1. That tools were not used to commit a crime;
2. The “tool” is not the type commonly used to commit a theft offense; and/or
3. You had no intent to commit a crime.

6. Related Offenses

• Criminal trespass (CRS 18-4-502 – 504)
• Petty theft (CRS 18-4-401)
• Misdemeanor theft (CRS 18-4-401)
• Felony theft (CRS 18-4-401)
• Burglary (CRS 18-4-201)
• Robbery (CRS 18-4-301)
• Aggravated robbery (CRS 18-4-301)

Additional Reading

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.

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