Code of Alabama
Ala. Code § 13A-7-8 (2026)
Possession of Burglar’s Tools.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) A person commits the crime of possession of burglar’s tools if he:
(1) 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
(2) Intends to use the thing possessed in the commission of an offense of the nature described in subdivision (a) (1) of this section.
(b) Possession of burglar’s tools is a Class C felony. (Acts 1977, No. 607, p. 812, §2615.)
Notes of Decisions
Cited in 20
cases, 1980–2015 · leading case: Culver v. State, 22 So. 3d 499 (Ala. Crim. App. 2008).
Culver v. State, 22 So. 3d 499 (Ala. Crim. App. 2008). “By way of example, the Court quoted § 13A-7-8, Ala.Code 1975 (possession of burglar's tools), § 13A-7-44, Ala.”
McKinney v. State, 511 So. 2d 220 (Ala. 1987). “The interpretation of section 15-3-8 using the Blockburger test, combined with section 13A-7-8’s specific approval of multiple convictions when a defendant’s conduct constitutes multiple offenses, indicates there is no statutory prohibition against multiple convictions for…”
McClellan v. State, 484 So. 2d 1150 (Ala. Crim. App. 1985). “The first count charged him with the possession of burglar's tools, in violation of Alabama Criminal Code, § 13A-7-8, which provides as follows: "(a) A person commits the crime of possession of burglar's tools if he: "(1) possesses any explosives, tools, instrument or other…”
Poole v. State, 505 So. 2d 1065 (Ala. Crim. App. 1986). “The appellant was convicted of the offense of possession of burglary tools in violation of § 13A-7-8, Code of Alabama (1975), and was acquitted of a violation of the Alabama Uniform Controlled Substances Act in the Circuit Court of Marshall County.”
Vogel v. State, 543 So. 2d 200 (Ala. Crim. App. 1989). “The appellant was charged with possession of burglary tools, in violation of § 13A-7-8, Code of Alabama (1975). The appellant pleaded guilty to that offense, and was sentenced under the Habitual Felony Offender Act to a term of 15 years' imprisonment.”
Gasser v. Morgan, 498 F. Supp. 1154 (N.D. Ala. 1980). “In the same way, a paper clip, or a pipe, has various legal purposes, but the existence of a specific mens rea element in the drug paraphernalia statute can make the sale of such items illegal.”
McGlon v. State, 504 So. 2d 745 (Ala. Crim. App. 1987). “§ 13A-7-8, Code of Alabama (1975), defines the offense as follows: “(a) A person commits the crime of possession of burglar’s tools if he: “(1) Possesses any explosive, tool, instrument or other article adapted, designed or commonly used for committing or facilitating the…”
Wright v. State, 405 So. 2d 74 (Ala. Crim. App. 1981). “I Possession of burglary tools is defined in § 13A-7-8, Code of Alabama 1975, as follows: “(a) A person commits the crime of possession of burglar’s tools if he: “(1) Possesses any explosive, tool, instrument or other article adopted, designed or commonly used for committing or…”
Lewis v. State, 437 So. 2d 642 (Ala. Crim. App. 1983). “nt, or other article, to-wit: a set of bolt cutters, which is 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, with the intent to use the same, in the commission…”
Westbrook v. State, 687 So. 2d 216 (Ala. Crim. App. 1996). “The appellant, Alvin Lee Westbrook, was convicted of attempted burglary in the third degree, a violation of §§ 13A-4r-2, 13A-7-7, Code of Alabama 1975, and possession of burglar’s tools, a violation of § 13A-7-8, Code of Alabama 1975. The appellant was sentenced to 12 months’…”
S.W. v. State, 703 So. 2d 427 (Ala. Crim. App. 1997). “See §§ 13A-7-8 and 13A-8-ll(b), Ala.Code 1975.”
Scott v. State, 491 So. 2d 1094 (Ala. Crim. App. 1986). “Scott was indicted for possession of burglar’s tools in violation of § 13A-7-8, Code of Alabama 1975. The jury found the appellant “guilty as charged in the indictment” and he was sentenced to 15 years’ imprisonment as a habitual felony offender.”
Ala. Code § 13A-7-8(a)(1): 1 case
Wells v. State, 93 So. 3d 155 (Ala. Crim. App. 2011).
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