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New Jersey criminal charge

Burglar's tools in New Jersey

Current through 2026 New Jersey legislative session

Burglar's tools is a criminal offense under New Jersey law, defined by N.J.S.A. 2C:5-5. Its classification is not fixed: New Jersey assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.

Defined by N.J.S.A. 2C:5-5.

What is the penalty for burglar's tools in New Jersey?

Penalties for Burglar's tools
PenaltyRangeBasisAuthority
Jail / prisonup to 18 months (Manufacturing burglar's tools or publishing plans/instructions — Applies when the defendant manufactured the burglar's tools or published plans or instructions for their manufacture or use, with the requisite knowledge and purpose.; first-offender presumption of non-incarceration may apply (2C:44-1(e), carve-outs))discretionaryN.J.S.A. 2C:43-6
Fineup to $10,000 (Manufacturing burglar's tools or publishing plans/instructions — Applies when the defendant manufactured the burglar's tools or published plans or instructions for their manufacture or use, with the requisite knowledge and purpose.; or up to double gain/loss (2C:43-3))discretionaryN.J.S.A. 2C:43-6
Jail / prisonup to 6 months (Possessing or providing burglar's tools (not manufactured/published) — Applies when the defendant merely possesses the burglar's tools or provides them to another, without having manufactured them or published plans/instructions.; not a crime under the NJ Constitution (2C:1-4); municipal court)discretionaryN.J.S.A. 2C:43-8
Fineup to $1,000 (Possessing or providing burglar's tools (not manufactured/published) — Applies when the defendant merely possesses the burglar's tools or provides them to another, without having manufactured them or published plans/instructions.)discretionaryN.J.S.A. 2C:43-8

Applies to current.

How is burglar's tools classified in New Jersey?

The classification depends on the circumstances:

Classification variants for Burglar's tools
VariantClassificationWhen it appliesStatute
Manufacturing burglar's tools or publishing plans/instructionsCrime of the Fourth DegreeApplies when the defendant manufactured the burglar's tools or published plans or instructions for their manufacture or use, with the requisite knowledge and purpose.N.J.S.A. 2C:5-5undefined
Possessing or providing burglar's tools (not manufactured/published)Disorderly Persons OffenseApplies when the defendant merely possesses the burglar's tools or provides them to another, without having manufactured them or published plans/instructions.N.J.S.A. 2C:5-5undefined

Common questions about burglar's tools in New Jersey

What degree of offense is burglar's tools in New Jersey?

It depends on the circumstances: burglar's tools ranges from a Disorderly Persons Offense to a Crime of the Fourth Degree in New Jersey under N.J.S.A. 2C:5-5.

Manufacturing burglar's tools or publishing plans/instructions: Crime of the Fourth Degree (N.J.S.A. 2C:5-5) · Possessing or providing burglar's tools (not manufactured/published): Disorderly Persons Offense (N.J.S.A. 2C:5-5)

What are the penalties for burglar's tools in New Jersey?

Penalties for burglar's tools in New Jersey depend on how it is classified — from a Disorderly Persons Offense up to a Crime of the Fourth Degree — with the ranges set by N.J.S.A. 2C:43-6 and N.J.S.A. 2C:43-8; the full table of ranges by variant is published on this page.

Which New Jersey statute covers burglar's tools?

Burglar's tools is governed by N.J.S.A. 2C:5-5 (Burglar's tools).

Legal terms used in this law

This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.