(1) A person is guilty of possession of burglar's tools when he possesses any tool,
instrument or other thing 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 under circumstances which leave no reasonable doubt as
to his:
(a) Intention to use the same in the commission of an offense of such character; or
(b) Knowledge that some other person intends to use the same in the commission
of an offense of such character.
(2) Possession of burglar's tools is a Class A misdemeanor.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 100, effective January 1, 1975.
Notes of Decisions
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000).
· cites it 4× “010(3) does not apply to the use of the word "premises" in KRS 511.050, [18] KRS 511.070, or KRS 511.”
Graves v. Commonwealth, 285 S.W.3d 734 (Ky. 2009).
· cites it 4× “050 describes the items as things that are ‘adapted, designed or commonly used’ for purposes of forcible takings and intrusions.”
State v. Warner, 696 P.2d 1052 (Or. 1985).
“…Ind Code Ann § 35-13-8-1, repealed in 1976 (applicable only to convicted felons); Kan Stat Ann § 21-3717 (1981); Ky Rev Stat § 511.050 (1985); La Rev Stat Ann § 14.95 A.(3) (West 1974); Me Rev Stat Ann tit. 17-A, § 403 (1983); Mont Code Ann § 45-6-205 (1984); Neb Rev Stat…”
Cremeans v. Chapleau, 847 F. Supp. 544 (W.D. Ky. 1994).
· cites it 2× “040; theft by unlawful taking, KRS 511.050; possession of burglar’s tools, KRS 511.”
Stout v. Commonwealth, 33 S.W.3d 531 (Ky. Ct. App. 2000).
“030), and possession of burglar’s tools (KRS 511.050). He was sentenced to a total of twelve years’ imprisonment.”
Donatelli v. Commonwealth, 175 S.W.3d 103 (Ky. Ct. App. 2005).
“KRS 511.050. 4 . KRS 532.080. 5 .By Order entered May 17, 2004, the Campbell Circuit Court dismissed with prejudice the misdemeanor charge of Possession of Burglar’s Tools.”
Braden v. Commonwealth, 600 S.W.2d 466 (Ky. Ct. App. 1978).
· cites it 2× “110); possession of burglar’s tools (KRS 511.050), and as a persistent felony offender (KRS 532.”
— Ky. Rev. Stat. § 511.050(1) — 2 cases
Colwell v. Commonwealth, 37 S.W.3d 721 (Ky. 2000).
“010(3) does not apply to the use of the word "premises" in KRS 511.050, [18] KRS 511.070, or KRS 511.”
Graves v. Commonwealth, 285 S.W.3d 734 (Ky. 2009).
“050 describes the items as things that are ‘adapted, designed or commonly used’ for purposes of forcible takings and intrusions.”
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