(1) A person commits possession of burglary tools if he possesses any explosive, tool, instrument, or other article adapted, designed, or commonly used for committing or facilitating the commission of an offense involving forcible entry into premises or theft by a physical taking, and intends to use the thing possessed, or knows that some person intends to use the thing possessed, in the commission of such an offense.(2) Possession of burglary tools is a class 2 misdemeanor, but it is a class 5 felony if the burglary tools were knowingly possessed to facilitate a forcible entry into a residence for the purpose of a physical taking.Amended by 2021 Ch. 462, § 204, eff. 3/1/2022.L. 71: R&RE, p. 427, § 1. C.R.S. 1963: § 40-4-205. L. 2021: (2) amended, (SB 21-271), ch. 3176, p. 3176, § 204, effective 3/1/2022.Section 803(2) of chapter 462 (SB 21-271), Session Laws of Colorado 2021, provides that the act changing this section applies to offenses committed on or after March 1, 2022. 2021 Ch. 462, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
Colorado Legal Code