What is possession of an instrument of crime?
Under the Pennsylvania Crimes Code, possession of an instrument of crime occurs when:
“A person . . . possesses any instrument of crime with intent to employ it criminally.” Title 18 § Pa. Code § 907(a) (2019). If a person has concealed a firearm or any other weapon on his persons, and intends to use it criminally, they may be charged with possession of a weapon under this statute. 18 § Pa. Code § 907(b) (2019). Whether a person has concealed the weapon on their persons or has it out, it will be graded as a misdemeanor of the first degree. Id.;18 § Pa. Code § 907(a) (2019).
What is an instrument of crime?
An instrument of crime can be, “anything specially made or specially adapted for criminal use” or “anything used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses it may have.” 18 § Pa. Code § 907(d) (2019) [sic].
What is considered a weapon?
A weapon is “anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have. The term includes a firearm which is not loaded or lacks a clip or other component to render it immediately operable, and components which can readily be assembled into a weapon.” Id.
Unlawful body armor
A person may be charged with possession of an instrument of crime if they wear body armor during the facilitation of a felony. 18 § Pa. Code § 907(c) (2019). The body armor can be in the persons, “control, custody or possession.” Id. If a person is charged with this offense, it will be graded as a felony of the third degree. Id.
What Constitutes as body Armor?
Body Armor is, “any protective covering for the body, or parts thereof, made of any polyaramid fiber or any resin-treated glass fiber cloth or any material or combination of materials made or designed to prevent, resist, deflect or deter the penetration thereof by ammunition, knife, cutting or piercing instrument or any other weapon.” 18 § Pa. Code § 907(d) (2019) [sic].
Real life examples of an instrument of crime:
- Firearm
- Brass Knuckles
- Baseball Bat
- Tools (hammer, screwdriver, etc.)
- Knife
- Lock Pick
- Drug Paraphernalia
- Controlled Substances (Drugs)
How can the Law Office of Vincent J. Caputo Help?
If you or a loved one is charged with possession of an instrument of crime, call the dedicated attorneys at the Law Office of Vincent J. Caputo. The effects of being charged with a crime is stressful and can ripple through your life. The attorneys at the Law Office of Vincent J. Caputo will help you understand what you are facing and will explain your best options. Please contact the office for a free consultation. Make your voice heard.
