Possession of an Instrument of Crime Charge in Pennsylvania

In order for an individual to attain possession of an instrument of crime charges in Pennsylvania, they must first have in their immediate possession an instrument of crime. This is any kind of device that can be used to help a criminal commit a particular unlawful act. Some popular examples of these types of instruments are certain tools that can possibly be used to pick locks, drill bits that are meant to be used for a crime, a handgun or any other type of firearm and/or illegal weapon, drug paraphernalia, screwdrivers and/or other tools, or controlled substances.

Of course, it is not against the law to have a screwdriver in your immediate possession, and you surely will not be arrested on instrument of crime charges in Pennsylvania simply for having one on your person. An individuals’ guilt or innocence of these types of charges are mostly based on the particular circumstances. It has to be proven beyond a reasonable doubt that the accused had the unquestionable intention of using the instrument to commit a real crime. They would have to have had complete control of the object, and the item itself could not have served a legitimate purpose at the time that the person held it in their possession.

In Pennsylvania, not only are objects such as the ones mentioned above considered instruments of crime, but so is body armor. Title 18 defines body armor specifically, stating that the material on the persons’ body has to be made of polyaramid fiber, or a glass fiber cloth that is treated with resin. It goes on to say that if the material is strong enough to deflect ammunition or if it can stop a knife from piercing the part of the body in which it is covering, then it is considered body armor and is against the law to wear.

If a person intends to commit a crime while wearing this type of body armor, it is considered a third degree felony in this State. If the individual has a weapon on their person, and it can be proven that their intention was definitely to use it to commit a crime, it will be labeled as a first degree misdemeanor. And, if a person is found guilty of a possession of an instrument of crime charge in Pennsylvania because of common tools or items that a normal person could use in everyday situations, it is a first degree misdemeanor.