Possession of Burglary Tools
Penal Code 466 PC

Penal Code 466 PC prohibits possessing burglary tools when you do so with criminal intent. "Burglary tools" are just that...tools that you use to commit a burglary. These tools include instruments such as

  • a screwdriver,
  • pliers,
  • ceramic or porcelain spark plug chips or pieces, or
  • any other tool or instrument that you might use to break or enter into a car, building or other space in an unlawful manner.1
Defenses

If you can prove

  1. you didn't intend to use the tools to commit a crime,
  2. the tools weren't the type prohibited by Penal Code 466 PC, and/or
  3. the police discovered the tools during an illegal search / seizure

you should be acquitted of this offense.

Penalties

The penalties for unlawful possession of burglary tools...a misdemeanor...include up to six months in a county jail and a maximum $1,000 fine.2

In this article, our California criminal defense attorneys3 provide a comprehensive guide to understanding California's law against possessing "burglary tools" by addressing the following:

1. Penal Code 466 PC Burglary Tools
2. Legal Defenses

2.1. The items don't qualify as burglary tools

2.2. You didn't have the requisite criminal intent

2.3. The tools were discovered during an illegal search / seizure

3. Penalties, Punishment and Sentencing
4. Related Offenses

4.1. Penal Code 466.1 PC -- Selling or providing lock picks, tension bars or floor-safe door pullers

4.2. Penal Code 466.3 PC - Possession of tools to tamper with coin-operated machines

4.3. Penal Code 466.5 PC - Possessing / manufacturing motor vehicle master keys

4.4. Penal Code 466.6 PC - Making car keys

4.5. Penal Code 466.65 - Possession of tools to bypass motorcycle ignition

4.6 Penal Code 466.7 PC - Unlawful possession of car keys

4.7. Penal Code 466.8 PC - Unlawful manufacture of residential or commercial keys

4.8 Penal Code 466.9 PC - Possessing or using code grabbing devices

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

In addition, you may also find helpful information in our related articles on Penal Code 459 PC California's Burglary Law; Auto Burglary; Petty Theft; Infractions; Misdemeanors; Felonies; No Contest Pleas; Legal Defenses; California Probation Law; Illegal Search and Seizure; and California Search Warrants.

1. California Penal Code 466 PC Burglary Tools

Penal Code 466 PC prohibits you from possessing any of over 15 types of burglary tools when you possess them with the intent to break or enter into a building, car or other structure without the authority to do so. "Burglary tools" are defined as instruments or tools that you can use to help you unlawfully enter one of these spaces. Some of these tools include (but are not limited to):

  • a crowbar,
  • a screwdriver,
  • a "slim jim",
  • a picklock,
  • a master key, or
  • a motor vehicle's master key.4
Img-tools1

It is important to understand that possessing any of these items...or making, altering or attempting to make or alter any of these items...is not by itself a crime. The crime is committed when you

  • possess,
  • make,
  • alter, or
  • attempt to make or alter

one of these tools with the intent to commit a burglary.5 And under Penal Code 459 PC California's burglary law, you commit a burglary anytime you enter a structure (or car) with the intent to commit a felony (or a petty theft) once inside".6 It's your intent that controls whether or not you are guilty of this offense.

1.1. Criminal intent

You could possess every one of the "burglary tools" listed in Penal Code 466...but unless you intend to use them in an unlawful manner...you aren't guilty of a crime. So how do prosecutors prove that you intended to burglarize a car or other structure? Typically via circumstantial evidence.

"Circumstantial evidence" is evidence that doesn't directly point to your guilt but that is reasonably inferred from the surrounding circumstances. Let's take a look at some examples to further illustrate this point.

Example
The defendant led the police on a high-speed chase after the cops tried to pull him over for speeding and running a stop sign. After he was arrested, the police searched his car and discovered "a myriad of tools, including a steel pry bar, a crow bar, five pairs of pliers, a large pair of bolt cutters, a sledge hammer, an unspecified number of screwdrivers and hammers, and a tool box."
The officer acknowledged that all of these items had legitimate purposes and none of them were inherently illegal to possess. However, when combined with the fact that the defendant also had "three walkie-talkie radios, two black sweatshirts (including one with a hood), a strap-on headlight, a flashlight, a ski mask, a pair of binoculars, a bundle in excess of 100 keys, and an assortment of loose keys", the items were all suspicious and were of the type that would be useful to break into a building.
While the black sweatshirts, ski masks, flashlights and walkie-talkies aren't tools or instruments that are described under Penal Code 466 PC, they are commonly used by burglars and can be considered in determining whether the defendant possessed the tools with criminal intent.7

1.2. "Other tools or instruments"

Even though Penal Code 466 PC specifies a variety of instruments that qualify as burglary tools, it also allows for the possibility that "other tools or instruments" may be considered burglary tools as well if they are used unlawfully to break or enter into any space.

Looking to the example above, the sweatshirts, flashlights and walkie-talkies would not qualify under this definition. They were not used to break or enter into the space but rather are the types of items that are used to commit the crime once inside. But if an item that is not specifically listed in the code may be used to break or enter into the space, it would meet the criteria of a burglary tool as long as the prosecutor could additionally prove you possessed that item with criminal intent.

Example

The defendant was found carrying a box cutter knife and a sling shot after he had allegedly broken into a car in violation of California's auto burglary law. Neither a box cutter nor a sling shot are specifically listed under Penal Code 466 PC. Despite this fact, the court held that they qualified as the types of "other tools or instruments" described under California's "burglary tools" law. The court relied on an officer's testimony that

  1. slingshots are used by burglars to break into vehicles by propelling porcelain chips at the windows (thus causing them to crumble), and
  2. box cutters are used to cut the wires of car stereos.

That testimony...coupled with the fact that he had just completed an auto burglary...were enough to prove that the defendant possessed burglary tools with the intent to break or enter into the car in an unlawful manner.8

2. Legal Defenses
Img-tools3

There are a variety of legal defenses that apply to a "possession of burglary tools" charge. The specific facts of your case will dictate which ones your California criminal defense attorney will present on your behalf. Some of the most common include:

2.1. The items don't qualify as burglary tools

If the police find you with items that

  1. are not identified under Penal Code 466, and
  2. do not qualify as the types of "other tools or instruments" that are also included in the law's language,

then you should not be convicted of this offense...even if it seems readily apparent that you were, in fact, planning to burglarize a car, building, etc.

Example

For example, let's say that the police find you with two ski masks, black sweatshirts and flashlights. You intended to burglarize a store with an accomplice who was going to meet you at the store with a slim jim and crow bar.

But because the cops find you prior to that meeting...and only with those items in your car...without more, those items are not in and of themselves "tools or instruments" under Penal Code 466.

2.2. You didn't have any criminal intent

As Burbank criminal defense attorney Darrell York9 explains, "Without criminal intent, there is no crime - period. This means that even if you possessed all the burglary tools in the world, you can only be convicted under Penal Code 466 PC if you intend to use them in an unlawful manner."10

Perhaps you own an auto repair shop or are a locksmith...perhaps you have an unusual interest in collecting these types of instruments...or perhaps you have borrowed your friend's car and didn't know that burglary tools were in the trunk...

There are an infinite number of innocent reasons why you might possess "burglary tools". But you should be aware that these defenses will be most applicable to someone who

  1. has no previous criminal history, and/or
  2. doesn't also possess other suspicious items (such as a ski mask, gloves or the floor plan of a home / store, etc.)

2.3. The tools were discovered during an illegal search / seizure

And even if you do possess burglary tools and have the intent to use them to break into a home, you may be absolved of any wrongdoing if the police discovered those tools during an illegal search and seizure.

Img-tools2

If you can prove that the cops violated California's search and seizure laws...perhaps by

  • searching you or your property without a valid California search warrant
  • exceeding the scope of a search warrant (for example, searching your car when the warrant only authorized a search of your office), or
  • unlawfully detaining or arresting you in the first place...

your case may be dismissed.

3. Penalties, Punishment and Sentencing

Possession of burglary tools is a misdemeanor punishable by

  • probation ...otherwise known as summary probation...for up to three years,
  • up to six months in a county jail, and
  • a maximum $1,000 fine.11

If you are convicted of possessing burglary tools and burglary, the judge will "stay" the sentence on the possession charge and instead only impose the sentence for the burglary.

And, on a final note, if your attorney can negotiate a plea bargain for a reduced charge, such as Penal Code 602 trespass) is a frequently used plea bargain charge) you may instead have the benefit of only pleading guilty or no contest to an infraction charge. Infractions subject you to a maximum $250 fine with no exposure to a probation or jail sentence.

4. Related Offenses

There are a number of offenses that are closely related to Penal Code 466 California's "burglary tools" law.

4.1. Penal Code 466.1 PC - Selling or providing lock picks, tension bars or floor-safe door pullers

If you knowingly and willfully sell or provide a

  • lock pick, lock pick gun or tubular lock pick,
  • tension bar, or
  • floor-safe door puller

and do not retain a receipt for one year that contains the identifying information and signature of the person to whom you sold/provided the item, you violate Penal Code 466.1 PC.12 If convicted, you face a misdemeanor, punishable by the same penalties as PC 466 above.

4.2. Penal Code 466.3 PC - Possession of tools to tamper with
coin-operated machines

You violate Penal Code 466.3 PC by possessing a key, tool or other instrument designed to open, break, tamper with or damage a coin-operated machine, such as a

  • vending machine,
  • parking meter, or
  • laundry machine or dryer,

when you do so with the intent to steal from that machine. Penal Code 466.3 PC is a misdemeanor, but increases your potential jail sentence to a maximum of one year.13

4.3. Penal Code 466.5 PC - Possessing / manufacturing motor vehicle
master keys

If you possess or use a motor vehicle master key or a motor vehicle wheel lock master key with the intent to use it to commit an unlawful act, you violate Penal Code 466.5 PC. You also violate this law if you

  • manufacture,
  • sell,
  • offer to sell, or
  • advertise for sale

a motor vehicle master key or motor vehicle wheel lock master key, unless the recipient lawfully uses them for work.

Penal Code 466.5 PC is a misdemeanor, punishable by up to six months in jail and a maximum $1,000 fine.14

4.4. Penal Code 466.6 PC - Making car keys

If you make a key capable of operating the ignition of a car by any method other than simply duplicating an existing key, you must retain a receipt for at least two years that contains identifying information about

  • the person for whom you made the key,
  • the car for which you made the key, and
  • your name and permit number, assuming you are the locksmith who performed the service.

The failure to do so is a violation of Penal Code 466.6 PC and subjects you to misdemeanor penalties of up to six months in a county jail and a maximum $1,000 fine.15

4.5. Penal Code 466.65 - Possession of tools to bypass motorcycle ignition

Penal Code 466.65 PC prohibits possessing, giving or lending any

  1. device designed to bypass the factory-installed ignition of a motor cycle in order to start it without a key,
  2. motorcycle ignition...or part thereof, or
  3. item of hardware...including but not limited to...

    • boltcutters or wirecutters,
    • electrical tape, or
    • allen wrenches

with the intent to take, drive or facilitate the unlawful taking or driving of a motorcycle. If convicted, you face a misdemeanor, punishable by up to six months in a county jail and a maximum $1,000 fine.16

4.6 Penal Code 466.7 PC - Unlawful possession of car keys

Penal Code 466.7 PC...a misdemeanor punishable in the same manner as PC 466.6 above...prohibits

  1. possessing a motor vehicle key knowing that the key was made without the owner's consent,
  2. with the intent to use the key to perform an illegal act.17

4.7. Penal Code 466.8 PC - Unlawful manufacture of residential or
commercial keys

If you

  1. knowingly and willfully
  2. make a key,
  3. capable of opening any door or other means of entrance to any home or commercial establishment,
  4. by any method involving an onsite inspection of that door or entrance,

you must retain a receipt for at least two years that contains the address of the location for which the key was made, and the identifying information (and signature) of the person for whom you made the key.

The failure to do so is a violation of Penal Code 466.8 PC and subjects you to the misdemeanor penalties of up to six months in a county jail and a maximum $1,000 fine.18

∗Note, this law does not prohibit making a duplicate key from an existing one.

4.8 Penal Code 466.9 PC - Possessing or using code grabbing devices

Penal Code 466.9 PC prohibits possessing or using a code grabbing device with the intent to use it in an unlawful manner. "Code grabbing devices" are those which can receive and record the coded signal sent by the transmitter of a car security alarm system that can play back the signal to disarm the system.

This offense is a misdemeanor, punishable by up to six months in a county jail and a maximum $1,000 fine.19

Call us for help...
Img-call-for-help

If you or loved one is charged with Penal Code 466 PC possession of burglary tools and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

To learn about Nevada theft laws, go to our page on Nevada theft laws.

Legal References:

1 California Penal Code 466 PC - Possession of Burglary Tools. ("Every person having upon him or her in his or her possession a picklock, crow, keybit, crowbar, screwdriver, vise grip pliers, water-pump pliers, slidehammer, slim jim, tension bar, lock pick gun, tubular lock pick, bump key, floor-safe door puller, master key, ceramic or porcelain spark plug chips or pieces, or other instrument or tool with intent feloniously to break or enter into any building, railroad car, aircraft, or vessel, trailer coach, or vehicle as defined in the Vehicle Code, or who shall knowingly make or alter, or shall attempt to make or alter, any key or other instrument named above so that the same will fit or open the lock of a building, railroad car, aircraft, vessel, trailer coach, or vehicle as defined in the Vehicle Code, without being requested to do so by some person having the right to open the same, or who shall make, alter, or repair any instrument or thing, knowing or having reason to believe that it is intended to be used in committing a misdemeanor or felony, is guilty of a misdemeanor. Any of the structures mentioned in Section 459 shall be deemed to be a building within the meaning of this section.")

2 See same.

3 Our California criminal defense attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier. We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

4 See California Penal Code 466 PC - Possession of Burglary Tools, endnote 1, above.

See also Penal Code 466.5 PC - Motor vehicle master key. ("(a) Every person who, with the intent to use it in the commission of an unlawful act, possesses a motor vehicle master key or a motor vehicle wheel lock master key is guilty of a misdemeanor. (b) Every person who, with the intent to use it in the commission of an unlawful act, uses a motor vehicle master key to open a lock or operate the ignition switch of any motor vehicle or uses a motor vehicle wheel lock master key to open a wheel lock on any motor vehicle is guilty of a misdemeanor. (c) Every person who knowingly manufactures for sale, advertises for sale, offers for sale, or sells a motor vehicle master key or a motor vehicle wheel lock master key, except to persons who use such keys in their lawful occupations or businesses, is guilty of a misdemeanor. (d) As used in this section: (1) "Motor vehicle master key" means a key which will operate all the locks or ignition switches, or both the locks and ignition switches, in a given group of motor vehicle locks or motor vehicle ignition switches, or both motor vehicle locks and motor vehicle ignition switches, each of which can be operated by a key which will not operate one or more of the other locks or ignition switches in such group. (2) "Motor vehicle wheel lock" means a device attached to a motor vehicle wheel for theft protection purposes which can be removed only by a key unit unique to the wheel lock attached to a particular motor vehicle. (3) "Motor vehicle wheel lock master key" means a key unit which will operate all the wheel locks in a given group of motor vehicle wheel locks, each of which can be operated by a key unit which will not operate any of the other wheel locks in the group.")

5 See California Penal Code 466 PC - Possession of Burglary Tools, endnote 1, above.

6 California Penal Code 459 -- Definition. ("Every person who enters any house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, as defined in Section 21 of the [California] Harbors and Navigation Code, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, railroad car, locked or sealed cargo container, whether or not mounted on a vehicle, trailer coach, as defined in Section 635 of the Vehicle Code, any house car, as defined in Section 362 of the Vehicle Code, inhabited camper, as defined in Section 243 of the Vehicle Code, vehicle as defined by the Vehicle Code, when the doors are locked, aircraft as defined by Section 21012 of the Public Utilities Code, or mine or any underground portion thereof, with intent to commit grand or petit larceny or any felony is guilty of burglary. As used in this chapter, "inhabited" means currently being used for dwelling purposes, whether occupied or not. A house, trailer, vessel designed for habitation, or portion of a building is currently being used for dwelling purposes if, at the time of the burglary, it was not occupied solely because a natural or other disaster caused the occupants to leave the premises.")

7 These "burglary tools" facts are taken from People v. Southard (2007) 152 Cal.App.4th 1079.

8 These "burglary tools" facts are taken from People v. Kelly (2007) 154 Cal.App.4th 961.

9 Burbank criminal defense lawyer Darrell York is a former 24-year veteran police officer who now defends clients against burglary-related charges in Burbank, Glendale, Pasadena, Alhambra, Van Nuys, San Fernando and Ventura County.

10 People v. Valenzuela (2001) 92 Cal.App.4th 768, 773. ("The court noted that possession of a master key is not a crime. It only becomes a crime when the key is used to open a vehicle door lock with the requisite specific intent.")

11 See California Penal Code 466 PC Possession of burglary tools, endnote 1, above.

See also Penal Code 18 PC - Misdemeanors. ("Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.")

12 California Penal Code 466.1 -- Sale or provision of lock pick, tension bar, lock pick gun, tubular lock pick, or floor-safe door puller; information on purchaser or person to whom provided on bill of sale or receipt; inspection; violation. ("Any person who knowingly and willfully sells or provides a lock pick, a tension bar, a lock pick gun, a tubular lock pick, or a floor-safe door puller [which are items closely related to those in Penal Code 466 California's burglary tools law], to another, whether or not for compensation, shall obtain the name, address, telephone number, if any, date of birth, and driver's license number or identification number, if any, of the person to whom the device is sold or provided. This information, together with the date the device was sold or provided and the signature of the person to whom the device was sold or provided, shall be set forth on a bill of sale or receipt. A copy of each bill of sale or receipt shall be retained for one year and shall be open to inspection by any peace officer during business hours. Any person who violates any provision of this section is guilty of a misdemeanor.")

13 California Penal Code 466.3 -- Possession of tool, device, etc., designed to open, break into, tamper with or damage coin-operated machine with intent to commit theft; punishment. ("(a) Whoever possesses a key, tool, instrument, explosive, or device, or a drawing, print, or mold of a key, tool, instrument, explosive, or device, designed to open, break into, tamper with, or damage a coin-operated machine as defined in subdivision (b), with intent to commit a theft from such machine, is punishable by imprisonment in the county jail for not more than one year, or by fine of not more than one thousand dollars ($1,000), or by both. (b) As used in this section, the term "coin-operated machine" shall include any automatic vending machine or any part thereof, parking meter, coin telephone, coin laundry machine, coin dry cleaning machine, amusement machine, music machine, vending machine dispensing goods or services, or moneychanger.")

14 California Penal Code 466.5 -- Motor vehicle master key; motor vehicle wheel lock master key; unlawful possession; manufacture; sale. ("(a) Every person who, with the intent to use it in the commission of an unlawful act, possesses a motor vehicle master key or a motor vehicle wheel lock master key is guilty of a misdemeanor [punishable in the same manner as Penal Code 466 PC California's burglary tools law]. (b) Every person who, with the intent to use it in the commission of an unlawful act, uses a motor vehicle master key to open a lock or operate the ignition switch of any motor vehicle or uses a motor vehicle wheel lock master key to open a wheel lock on any motor vehicle is guilty of a misdemeanor. (c) Every person who knowingly manufactures for sale, advertises for sale, offers for sale, or sells a motor vehicle master key or a motor vehicle wheel lock master key, except to persons who use such keys in their lawful occupations or businesses, is guilty of a misdemeanor. (d) As used in this section: (1) "Motor vehicle master key" means a key which will operate all the locks or ignition switches, or both the locks and ignition switches, in a given group of motor vehicle locks or motor vehicle ignition switches, or both motor vehicle locks and motor vehicle ignition switches, each of which can be operated by a key which will not operate one or more of the other locks or ignition switches in such group. (2) "Motor vehicle wheel lock" means a device attached to a motor vehicle wheel for theft protection purposes which can be removed only by a key unit unique to the wheel lock attached to a particular motor vehicle. (3) "Motor vehicle wheel lock master key" means a key unit which will operate all the wheel locks in a given group of motor vehicle wheel locks, each of which can be operated by a key unit which will not operate any of the other wheel locks in the group.")

15 California Penal Code 466.6 -- Keys capable of operating motor vehicle or personal property registered under Vehicle Code; making other than by duplication of existing key; work orders; information; misdemeanor. ("(a) Any person who makes a key capable of operating the ignition of a motor vehicle or personal property registered under the Vehicle Code for another by any method other than by the duplication of an existing key, whether or not for compensation, shall obtain the name, address, telephone number, if any, date of birth, and driver's license number or identification number of the person requesting or purchasing the key; and the registration or identification number, license number, year, make, model, color, and vehicle identification number of the vehicle or personal property registered under the Vehicle Code for which the key is to be made. Such information, together with the date the key was made and the signature of the person for whom the key was made, shall be set forth on a work order. A copy of each such work order shall be retained for two years, shall include the name and permit number of the locksmith performing the service, and shall be open to inspection by any peace officer or by the Bureau of Collection and Investigative Services during business hours or submitted to the bureau upon request. Any person who violates any provision of this subdivision is guilty of a misdemeanor [punishable in the same manner as Penal Code 466 PC California's burglary tools law]. (b) The provisions of this section shall include, but are not limited to, the making of a key from key codes or impressions. (c) Nothing contained in this section shall be construed to prohibit the duplication of any key for a motor vehicle from another key.")

16 California Penal Code 466.65 -- Possession of device, ignition or tools designed to bypass factory-installed ignition, start motorcycle without manufacturer's key and take or drive motorcycle without consent of owner; misdemeanor. ("(a) Every person who possesses, gives, or lends any device designed to bypass the factory-installed ignition of a motorcycle in order to start the engine of a motorcycle without a manufacturer's key, or who possesses, gives, or lends any motorcycle ignition, or part thereof, with the intent to unlawfully take or drive, or to facilitate the unlawful taking or driving of, a motorcycle without the consent of the owner, is guilty of a misdemeanor. (b) Evelry person who possesses, gives, or lends any item of hardware, including, but not limited to, boltcutters, electrical tape, wirecutters, wire strippers, or allen wrenches, with the intent to unlawfully take or drive, or to facilitate the unlawful taking or driving of, a motorcycle without the consent of the owner, is guilty of a misdemeanor [punishable in the same manner as Penal Code 466 PC California's burglary tool law].")

17 California Penal Code 466.7 -- Motor vehicle keys; possession; knowledge of making without consent; misdemeanor. ("Every person who, with the intent to use it in the commission of an unlawful act, possesses a motor vehicle key with knowledge that such key was made without the consent of either the registered or legal owner of the motor vehicle or of a person who is in lawful possession of the motor vehicle, is guilty of a misdemeanor.")

18 California Penal Code 466.8 -- Keys capable of opening entrance to residence or commercial establishment; work orders; information; misdemeanor. ("(a) Any person who knowingly and willfully makes a key capable of opening any door or other means of entrance to any residence or commercial establishment for another by any method involving an onsite inspection of such door or entrance, whether or not for compensation, shall obtain, together with the date the key was made, the street address of the residence or commercial establishment, and the signature of the person for whom the key was made, on a work order form, the following information regarding the person requesting or purchasing the key: (1) Name. (2) Address. (3) Telephone number, if any. (4) Date of birth. (5) Driver's license number or identification number, if any. A copy of each such work order shall be retained for two years and shall be open to inspection by any peace officer or by the Bureau of Collection and Investigative Services during business hours or submitted to the bureau upon request. Any person who violates any provision of this subdivision is guilty of a misdemeanor [punishable in the same manner as Penal Code 466 PC California's burglary tools law]. (b) Nothing contained in this section shall be construed to prohibit the duplication of any key for a residence or commercial establishment from another such key. (c) Locksmiths licensed by the Bureau of Collection and Investigative Services are subject to the provisions set forth in Chapter 8.5 (commencing with Section 6980) of Division 3 of the Business and Professions Code. (d) The provisions of this section shall include, but are not limited to, the making of a key from key codes or impressions.")

19 California Penal Code 466.9 -- Code grabbing devices; possession or use; offenses. ("(a) Every person who possesses a code grabbing device, with the intent to use it in the commission of an unlawful act, is guilty of a misdemeanor. (b) Every person who uses a code grabbing device to disarm the security alarm system of a motor vehicle, with the intent to use the device in the commission of an unlawful act, is guilty of a misdemeanor [punishable in the same manner as Penal Code 466 PC California's burglary tools law]. (c) As used in this section, "code grabbing device" means a device that can receive and record the coded signal sent by the transmitter of a motor vehicle security alarm system and can play back the signal to disarm that system.")

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