569.180. Possession of burglar's tools — penalty. — 1. A person commits the offense of possession of burglar's tools if he or she possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, with a purpose to use or knowledge that some person has the purpose of using the same in making an unlawful forcible entry into a building or inhabitable structure or a room thereof.
2. The offense of possession of burglar's tools is a class E felony.
Notes of Decisions
Cited in
35
cases, 1980–2016 · leading case:
State v. Munson, 714 S.W.2d 515 (Mo. 1986).
State v. Munson, 714 S.W.2d 515 (Mo. 1986).
· cites it 6× “026, RSMo 1978, deal with the required mental state for crimes committed under the Criminal Code. (Chapters 556-600 RSMo).”
State v. Adkins, 678 S.W.2d 855 (Mo. Ct. App. 1984).
· cites it 6× “170, RSMo 1978 1 and possession of burglar’s tools pursuant to § 569.180. The jury sentenced Adkins to five years on each count.”
Chandler v. Hemeyer, 49 S.W.3d 786 (Mo. Ct. App. 2001).
· cites it 3× “Rather, the statute authorized the forfeiture of “[w]eapons, tools, devices, and substances other than motor vehicles, aircraft or watercraft, used by the owner or with the owner’s consent as a means for *793 committing felonies other than the offense of possessing burglary…”
State v. Gilmore, 665 S.W.2d 25 (Mo. Ct. App. 1984).
· cites it 4× “He was also convicted of possession of burglar tools, § 569.180 RSMo. 1978, and sentenced to five years imprisonment.”
State v. Clark, 782 S.W.2d 105 (Mo. Ct. App. 1989).
· cites it 5× “adapted, designed or commonly used for committing or facilitating offenses involving forcible entry into premises, with a purpose to use or knowledge that some person has the purpose of using the same in making an unlawful forcible entry into a building.”
Bantle v. State, 165 S.W.3d 233 (Mo. Ct. App. 2005).
· cites it 2× “080, and the class D felony of possession of burglary tools in violation of Section 569.180. The trial court found that Movant understood the charges and consequences of his plea and subsequently sentenced Movant, in accordance with a plea agreement, to six years each for second…”
State v. Ford, 367 S.W.3d 163 (Mo. Ct. App. 2012).
· cites it 6× “170, 1 and possession of burglar’s tools, section 569.180. We affirm. Factual Background Randall Ford (“Ford”) was arrested in the basement of Stein and McClure Funeral Home (“Funeral Home”) early in the morning of June 16, 2010.”
State v. Lake, 686 S.W.2d 19 (Mo. Ct. App. 1984).
· cites it 3× “Section 569.180, RSMo 1978 defines the crime of possession of burglar’s tools as follows: A person commits the crime of possession of burglar’s tools if he possesses any tool, instrument or other article adapted, designed or commonly used for committing or facilitating offenses…”
State v. Seddens, 680 S.W.2d 364 (Mo. Ct. App. 1984).
· cites it 4× “Defendant, Richard Seddens, was convicted by a jury of possession of burglar’s tools, § 569.180, RSMo (1978), and sentenced by the court as a persistent offender to imprisonment for eight years.”
State v. Vernon, 337 S.W.3d 88 (Mo. Ct. App. 2011).
· cites it 4× “Michael Vernon (“Vernon”) was convicted after a jury trial in the Circuit Court of Buchanan County of one count of possession of burglar’s tools, a class D felony, in violation of Section 569.180. 1 On May 5, 2009, the jury recommended that Vernon be sentenced to a fine to be…”
Gilmore v. State, 710 S.W.2d 355 (Mo. Ct. App. 1986).
· cites it 2× “080 RSMo 1978, and one count of possessing burglar’s tools, § 569.180 RSMo 1978. After waiving a jury, movant was tried and found guilty of all offenses.”
State v. Mintner, 643 S.W.2d 289 (Mo. Ct. App. 1982).
· cites it 6× “Following jury trial defendant was convicted of possession of burglar’s tools, § 569.180, RSMo 1978, and sentenced to one year in the county jail.”
Mo. Rev. Stat. § 569.180(2): 1 case
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