Possession of burglar's tools · as in force on May 31, 2026
§ 140.35 Possession of burglar's tools.
A person is guilty of possession of burglar's tools when he possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, or offenses involving larceny by a physical taking, or offenses involving theft of services as defined in subdivisions four, five and six of section 165.15, under circumstances evincing an intent to use or knowledge that some person intends to use the same in the commission of an offense of such character.
Possession of burglar's tools is a class A misdemeanor.
A person possesses burglar’s tools by holding a tool or article adapted, designed, or commonly used for forcible entry, physical-taking larceny, or theft of services under § 165.15(4)–(6), under circumstances showing intent or knowledge that someone will use it for such an offense. ★ It is a class A misdemeanor.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.