THE MICHIGAN PENAL CODE
Act 328 of 1931
750.116 Use or possession of certain tools; intent to steal property or a motor vehicle; other violations; definitions.
Sec. 116.
(1) Except as provided in subsection (2), an individual who knowingly possesses any nitroglycerine, or other explosive, thermite, engine, machine, tool or implement, device, chemical, or substance, adapted and designed for cutting or burning through, forcing, or breaking open, any building, room, vault, safe, or other depository, with the intent to use it to steal any money or other property, knowing the same to be adapted and designed for the purpose of cutting or burning through, forcing, or breaking open any building, room, vault, safe, or other depository, with intent to use or employ the same to steal is guilty of a felony, punishable by imprisonment for not more than 10 years.
(2) An individual who knowingly possesses any nitroglycerine, or other explosive, thermite, engine, machine, tool or implement, device, chemical, or substance, adapted and designed for cutting or burning through, forcing, or breaking open a motor vehicle, or an electronic device or tool that is designed or adapted to unlock or turn on a motor vehicle, with the intent to steal a motor vehicle is guilty of a felony punishable by imprisonment for not more than 5 years.
(3) An individual who, in association with another individual or group of individuals as part of a criminal organization, knowingly possesses any nitroglycerine, or other explosive, thermite, engine, machine, tool or implement, device, chemical, or substance, adapted and designed for cutting or burning through, forcing, or breaking open a motor vehicle, or an electronic device or tool that is designed or adapted to unlock or turn on a motor vehicle, with the intent to steal more than 1 motor vehicle is guilty of a felony punishable by imprisonment for not more than 10 years.
(4) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.
(5) As used in this section:
(a) "Depository" does not include a motor vehicle.
(b) "Electronic device or tool" means a device or tool with the purpose of unlocking or turning on a motor vehicle and does not include a previously issued activated electronic card, key, or other electronic device assigned to the lawful owner of the vehicle.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.116 ;-- Am. 2024, Act 92, Eff. Oct. 21, 2024
FormerLaw Notes:
See section 53 of Ch. 154 of R.S. 1846, being CL 1871, § 7604; How., § 9175; CL 1897, § 11589; CL 1915, § 15334; CL 1929, § 16930; and Act 116 of 1867.
Notes of Decisions
Cited in
76
cases (
12 in the last 5 years), 1960–2025 · leading case:
People v. Osby, 804 N.W.2d 903 (Mich. Ct. App. 2011).
People v. Osby, 804 N.W.2d 903 (Mich. Ct. App. 2011).
· cites it 2× “A jury convicted defendant of possession of burglar’s tools, MCL 750.116, receiving and concealing stolen property worth $200 or more but less than $1,000, MCL 750.”
People v. Murphy, 184 N.W.2d 256 (Mich. Ct. App. 1970).
· cites it 7× “Defendants were charged and convicted by a jury in Recorder’s Court for the City of Detroit of possession of burglary tools contrary to MCLA § 750.116 (Stat Ann 1962 Rev § 28.311), as well as breaking and entering in violation of MCLA 1970 Cum Supp § 750.”
People v. Herron, 845 N.W.2d 533 (Mich. Ct. App. 2013).
“110, and possession of burglary tools, MCL 750.116. The trial court sentenced defendant as a fourth-offense habitual offender, MCL 769.”
People v. Feldman, 274 N.W.2d 1 (Mich. Ct. App. 1978).
· cites it 3× “Defendant Joel David Feld-man was convicted on May 14, 1975, in Bay *159 County Circuit Court of one count of possession of burglary tools, contrary to MCL 750.116; MSA 28.311, one count of possession of a device adapted for breaking into a parking meter with intent to steal,…”
People v. Gross, 324 N.W.2d 557 (Mich. Ct. App. 1982).
· cites it 3× “305, and possession of burglar’s tools, MCL 750.116; MSA 28.311. He was sentenced to five to ten years imprisonment for each offense, the sentences to run concurrently.”
People v. Wilson, 446 N.W.2d 571 (Mich. Ct. App. 1989).
· cites it 3× “287, and possession of burglary tools, MCL 750.116; MSA 28.311. Defendant also pled guilty to being a habitual offender, third offense, MCL 769.”
People v. Rufus Williams, 179 N.W.2d 48 (Mich. Ct. App. 1970).
· cites it 4× “[10] MCLA § 750.116 (Stat Ann 1962 Rev § 28.311).”
People v. Rigsby, 284 N.W.2d 499 (Mich. Ct. App. 1979).
· cites it 2× “The charge against each defendant was submitted to the jury on theories of both principal and aider and abettor liability. MCL 767.39; MSA 28.979. He was sentenced to imprisonment for a term of 2 to 10 years, and appeals of right.”
People v. Iverson, 191 N.W.2d 745 (Mich. Ct. App. 1971).
· cites it 2× “*521 Defendants in these cases are charged with the following crimes: (1) possession of burglary tools (MCLA § 750.116 [Stat Ann 1962 Rev § 28.311]); (2) breaking and entering (MCLA 1971 Cum Supp § 750.”
People v. Smith, 193 N.W.2d 397 (Mich. Ct. App. 1971).
· cites it 6× “The defendant was convicted, after a non-jury trial, of possession of a burglar tool (ground and filed channel lock pliers), MCLA § 750.116 (Stat Ann 1962 Rev § 28.311) and attempted breaking and entering of a motor vehicle for the purpose of stealing, MCLA § 750.”
State v. Warner, 696 P.2d 1052 (Or. 1985).
“4 (West 1979), enacted in 1851; Md Ann Code art 27, § 490 (1982), enacted in 1809; Mass Gen Laws Ann ch 266, § 49 (West 1970), enacted in 1853; Mich Comp Laws Ann § 750.116 (1968), enacted in 1846; Minn Stat Ann § 609.”
People v. Kremko, 218 N.W.2d 112 (Mich. Ct. App. 1974).
“Savchuck, were each convicted by a jury in the Wayne County Circuit Court on one count of possession of burglar’s tools (MCLA 750.116; MSA 28.311) and on two counts of *568 carrying a concealed weapon (MCLA 750.”
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