> For the complete documentation index, see [llms.txt](https://dubs-docs.gitbook.io/tbd-rp-department-of-justice-legal-code/llms.txt). Markdown versions of documentation pages are available by appending `.md` to page URLs; this page is available as [Markdown](https://dubs-docs.gitbook.io/tbd-rp-department-of-justice-legal-code/unified-code-of-laws/title-6-penal-code/2-crimes-against-property/2-23-possession-of-items-used-in-the-commission-of-a-crime.md).

# \[2] 23 – Possession of Items Used in the Commission of a Crime

**Offense Classification:** Misdemeanor / Felony (depending on instrument type)

**Definition:**\
Possession of Items Used in the Commission of a Crime occurs when an individual unlawfully possesses tools or devices primarily intended for criminal activity, such as burglary tools, skimmers, or jammers.

**Elements of the Crime:**

* The suspect possessed tools or instruments commonly used in crimes.
* The circumstances indicated intent to use them unlawfully.
* No lawful occupational or authorized use applied.

**Classification & Penalties:**

* **Misdemeanor** (basic burglary tools without advanced modifications):
  * Jail Time: Up to 12 months
  * Fine: $750 to $1,750
  * Additional Consequences: Forfeiture of tools
* **Felony** (advanced devices such as skimmers, jammers, or ghost plates):
  * Jail Time: 2 to 3 years
  * Fine: $3,000 to $6,000
  * Additional Consequences: Forfeiture, potential conspiracy enhancements

**Related Charges:**

* \[2] 3 – Breaking and Entering
* \[2] 7 – Possession of Stolen Property
* \[2] 24 – Sale of Items Used in the Commission of a Crime


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