Offenses Against Property

ORS 164.235
Possession of a burglary tool or theft device


(1)

A person commits the crime of possession of a burglary tool or theft device if the person possesses a burglary tool or theft device and the person:

(a)

Intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking; or

(b)

Knows that another person intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking.

(2)

For purposes of this section, “burglary tool or theft device” means an acetylene torch, electric arc, burning bar, thermal lance, oxygen lance or other similar device capable of burning through steel, concrete or other solid material, or nitroglycerine, dynamite, gunpowder or any other explosive, tool, instrument or other article adapted or designed for committing or facilitating a forcible entry into premises or theft by a physical taking.

(3)

Possession of a burglary tool or theft device is a Class A misdemeanor. [1971 c.743 §138; 1999 c.1040 §13; 2003 c.577 §9]

Notes of Decisions

A beer bottle used to break a jewelry store window was not a burglar's tool as defined in this section. State v. Reid, 36 Or App 417, 585 P2d 411 (1978)

A rock or a brick is not a burglary tool under this section. State v. O'Keefe, 40 Or App 685, 596 P2d 987 (1979), Sup Ct review denied

For purposes of defining burglar tool, term "designed" is not unconstitutionally vague. State v. Grace, 76 Or App 237, 708 P2d 1193 (1985), Sup Ct review denied

Neither an object's actual use nor its capability to be used as tool for burglary is relevant in determination of whether it is "adapted," but object must actually be modified in some way to serve such purpose. State v. Warner, 298 Or 640, 696 P2d 1052 (1985)

Object is not "commonly used" for committing forcible entry or theft by the fact that it shares characteristics similar to objects that are commonly used. State v. Warner, 298 Or 640, 696 P2d 1052 (1985)

Defendant, convicted of burglary on basis of use of screwdriver, raised exactly question decided in State v. Gravesand was therefore convicted under unconstitutionally vague statute requiring reversal of conviction. State v. Bennett, 79 Or App 267, 719 P2d 38 (1986), Sup Ct review denied

Chapter 164

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021