The offense of possession or manufacture of criminal instruments and tools is aimed at conduct with regard to a crime that is not yet committed. It is not aimed at the crime after it is committed.

A criminal instrument or tool is defined as anything that is specially designed, made, or adapted for use in the commission of a crime. The mere possession, manufacture, or sale of the instrument or tool would not otherwise be an offense. It is when the instrument or tool is made or adapted for the commission of a crime that it becomes an offense. Items that have a common, lawful use are not included within the offense. An item does not become a criminal instrument or tool by the context of its use. It becomes a criminal instrument or tool by the limited and specialized nature of its use in crimes.

The fact that an instrument or tool is frequently used in crimes does not necessarily mean that the instrument or tool was specifically designed, manufactured, or adapted for crimes.

Burglary tools are the most common type of criminal instruments and tools. Whether an item is a criminal instrument or tool is usually proven by the testimony of law enforcement officers who are knowledgeable about the use of such an item.

The offense of possession or manufacture of criminal instruments and tools is a separate offense from offenses involving possession of weapons, contraband, or illegal drugs. A defendant cannot be charged under the general statute of possession or manufacture of criminal instruments and tools when a more specific statute would apply.

The offense of possession or manufacture of criminal instruments and tools is normally punished at one category lower than the punishment for the offense that is intended to be committed with the criminal instruments and tools.

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