NRS
205.080 Possession of instrument with burglarious intent; making,
alteration or repair of instrument for committing offense; penalty.
1. Every person who makes or mends or
causes to be made or mended, or has in his or her possession in the day or
nighttime, any engine, machine, tool, false key, picklock, bit, nippers or
implement adapted, designed or commonly used for the commission of burglary,
invasion of the home, larceny or other crime, under circumstances evincing an
intent to use or employ, or allow the same to be used or employed in the
commission of a crime, or knowing that the same is intended to be so used,
shall be guilty of a gross misdemeanor.
2. The possession thereof except by a
mechanic, artificer or tradesman at and in his or her established shop or place
of business, open to public view, shall be prima facie evidence that such
possession was had with intent to use or employ or allow the same to be used or
employed in the commission of a crime.
[1911 C&P § 372; RL § 6637; NCL § 10322]—(NRS A 1989,
1453)
UNLAWFUL ENTRY OR OCCUPANCY OF VACANT DWELLING
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1986–2022 · leading case:
Tillema v. State, 914 P.2d 605 (Nev. 1996).
Tillema v. State, 914 P.2d 605 (Nev. 1996).
· cites it 2× “060 as well as two counts of possession of burglary tools pursuant to NRS 205.080. Tillema's case proceeded to trial, and he represented himself.”
Sheriff, Pershing Cnty. v. Andrews, 286 P.3d 262 (Nev. 2012).
“There, we considered whether “a plastic, (Las Vegas) souvenir-type shopping bag” fell within the purview of NRS 205.080, which prohibited, in relevant part, the possession of any tool commonly used for burglary.”
Doolin v. Dep't of Corr., 440 P.3d 53 (Nev. 2018).
“228(2), and possession of burglary tools, a gross misdemeanor, see NRS 205.080(1), for crimes he committed in 2012.”
Puglisi v. State, 728 P.2d 435 (Nev. 1986).
· cites it 2× “NRS 205.080 defines the crime of possession of an instrument with burglarious intent.”
Doolin v. State, Dep't of Corr. (Nev. 2018).
· cites it 2× “228(2), and possession of burglary tools, a gross misdemeanor, see NRS 205.080(1), for crimes he committed in 2012.”
Fergason Vs. Lv Metro Police Dept., 2015 NV 94 (Nev. 2015).
· cites it 2× “In addition, because both the conspiracy charge and possession of burglary tools charge are gross misdemeanors, see NRS 205.080, "proceeds attributable to" these charges could not be a predicate for forfeiture under NRS 179.”
Holmes (Rickie) v. State (Nev. 2017).
“The jury instructions were proper because they are accurate statements of law Holmes argues that the district court erred in giving three jury instructions that misstated the law by containing improper presumptions. The State contends that this argument lacks merit because the…”
in Re: Abdon L-S., a Minor (Nev. 2013).
“When Mikolajczyk asked appellant what he was doing with the tools, appellant shrugged his head, lowered it, and said, "I don't know," but did not deny possession of the set.”
Fergason Vs. Lv Metro Police Dept., 2015 NV 94 (Nev. 2015).
“In addition, because both the conspiracy charge and possession of burglary tools charge are gross misdemeanors, see NRS 205.080, "proceeds attributable to" these charges could not be a predicate for forfeiture under NRS 179.”
— Nev. Rev. Stat. § 205.080(1) — 4 cases
Doolin v. Dep't of Corr., 440 P.3d 53 (Nev. 2018).
“228(2), and possession of burglary tools, a gross misdemeanor, see NRS 205.080(1), for crimes he committed in 2012.”
Doolin v. State, Dep't of Corr. (Nev. 2018).
“228(2), and possession of burglary tools, a gross misdemeanor, see NRS 205.080(1), for crimes he committed in 2012.”
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