California Penal Code Section 466 PC: Possession Of Burglary Tools

California Penal Code Section 466 PC: Possession of Burglary Tools

California Penal Code Section 466 PC makes it illegal to possess burglary tools. This law prohibits having tools that could be used to break into buildings or vehicles when you have the intent to use them for burglary. Possession of burglary tools is a misdemeanor offense in California that can result in up to 6 months in county jail.

This article will explain what California Penal Code Section 466 PC says; what counts as a “burglary tool;” the penalties for violating PC 466; and legal defenses that a criminal defense lawyer could use to fight the charges.

What is California Penal Code Section 466 PC?

California Penal Code 466 PC states that “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 is guilty of a misdemeanor.”^[1]

In plain English, this law makes it a crime to possess tools that could be used for burglary. You violate PC 466 if:

• You possess items that are commonly used as burglary tools, AND
• You intend to use those items to illegally break into or enter a building, vehicle, or other property.

Some examples of “burglary tools” prohibited under this law include:

• Lock picks
• Crowbars
• Screwdrivers
• Pliers
• Sledgehammers
• Master keys
• Bump keys

Possession of burglary tools becomes a crime when you have the tools and the intent to use them illegally. Just having lock picks or a crowbar is not enough. The prosecution has to prove you intended to use them for burglary or another crime.

Penalties for Violating Penal Code 466 PC

Possession of burglary tools is a misdemeanor offense in California. The potential penalties include:

• Up to 6 months in county jail, and/or
• A fine of up to $1,000.

In addition to the criminal penalties, a conviction will go on your criminal record. This could make it harder to get a job, professional license, housing, or loans.

Legal Defenses to PC 466 Charges

Some of the most common legal defenses to possession of burglary tools charges include:

You did not have the “intent” to commit burglary

Recall that Penal Code 466 requires prosecutors to prove you intended to use the tools for burglary or another crime. If you had a lawful reason for possessing the items, then you are not guilty.

For example, let’s say the police find a set of lock picks in your car. You tell them you are a locksmith and use the tools for your job. As long as there is no evidence you planned to use them illegally, then you should not be convicted under this law.

The items in your possession were not “burglary tools”

PC 466 only prohibits items that are commonly used as burglary tools. Things like paper clips, pocket knives, matches, and laser pointers do not qualify. So if you possessed ordinary household objects, you can challenge the charges on this basis.

You did not “possess” the prohibited items

In order to be guilty under Penal Code 466, you must knowingly possess the burglary tools. This means you have to be aware the items are there and able to control them. If, for example, someone secretly planted lock picks in your backpack without your knowledge, then you cannot be convicted of possessing them.

The search violated your rights

Evidence of burglary tools may be excluded if it was obtained illegally. For example, if the police searched your car without a warrant or probable cause. An experienced criminal defense lawyer can argue to suppress evidence due to an illegal search.

Related Offenses

Some other laws related to possession of burglary tools include:

Penal Code 459 PC – Burglary

This is California’s burglary law. It prohibits entering any building or room to commit theft or a felony.^[2] Burglary charges often accompany PC 466 allegations. Prosecutors may argue you intended to use the tools to commit burglary.

Penal Code 602.5 PC – Shoplifting

Shoplifting laws prohibit stealing merchandise from commercial establishments while they are open for business.^[3] Possessing devices designed to remove security tags or sensors could lead to charges under PC 466.

Penal Code 466.5 PC – Possession of Firearm in Public Building

This section prohibits people from bringing firearms, deadly weapons, or explosives into public buildings like courthouses, schools, and government offices.^[4] Someone caught with burglary tools near these locations may also face charges under PC 466.5.

Penal Code 466.6 PC – Possession of Firearm on School Grounds

This law enhances penalties for possessing firearms, deadly weapons, or explosives on K-12 school grounds. Prosecutors could charge this in conjunction with PC 466 if you had burglary tools near a school.

Fighting Possession of Burglary Tools Charges with an Attorney

Being charged with possession of burglary tools can have serious consequences for your future. These allegations should not be taken lightly. An experienced California criminal defense lawyer can often get charges reduced or dismissed. They will carefully examine the evidence, look for illegal searches, and challenge witnesses. With an aggressive legal defense, many people accused of violating Penal Code 466 are able to avoid convictions.

References

[1] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=466
[2] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=459
[3] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=602.5
[4] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=466.5