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A Woman's Purse is Not a Burglarious Tool Under Virginia Law
July 13, 2009
Topic: Fraud, Theft & White Collar Crimes
Virginia Code § 18.2-94 provides that "If any person have in his possession any tools, implements or outfit, with intent to commit burglary, robbery or larceny, upon conviction thereof he shall be guilty of a Class 5 felony." Police have often charged those with booster bags or boosting bags (bags outfitted with foli or metal to avoid detection of stolen items passed through a security sensor at a store) with possession of a burglarious tool. However, police started the practice of charging females under the same code section when they used a regular purse to commit any form of shoplifting or other theft.
The Virginia Court of Appeals recently had the opportunity to consider the issue in Edwards v. Commonwealth and rejected characterization of a woman's empty purse as an "outfit" intended to commit theft. The tool in question in the case was the defendant's large handbag which she had emptied in anticipation of her shopping trip. The defendant visited a local department store with several friends, carried children's clothing into a fitting room area, and emerged with a purse that appeared much larger in size. The defendant admitted to the judge that she was carrying an empty purse because "I wanted to go to the store and steal." She was convicted of larceny and of possession of a burglarious tool in violation of Virginia Code § 18.2-94.
The Court of Appeals disagreed and reversed the burglarious took conviction. The court held that a purse cannot be a "tool, implement or outfit" under the statute. Several dissenting judges disagreed. The judges in the majority held that while an object does not need to be "innately burglarious" to fall under Code § 18.2-94, the statute only criminalizes the possession of any tool, implement or outfit with the requisite larcenous intent. A "tool" is "an instrument," such as a hammer or saw, that is used or worked by hand. "Implements" are items associated with devices, instruments, equipment or machinery related to an occupation or profession. An "outfit" is "the articles forming an equipment," or tools or instruments, such as a carpenter's or a surgeon's outfit. These descriptions, the court held, do not cover a woman's purse. Therefore, the court reversed the defendant's conviction and dismissed the charge under Code § 18.2-94. A full copy of the opinion is available by clicking on the link at the end of this post.
Manikas Law LLC | For more information on theft and larceny cases, visit our main website or call us at 703-873-7473 or 888-503-8075 | We offer a free, no obligation consultation by former prosecutor Kyle G. Manikas | Serving Fairfax County/Tysons Corner, Prince William County (including all Manassas courts), Loudoun County (including Leesburg), Arlington County, Alexandria, and other parts of Northern Virginia.
Attachments:
VACt.ofAppeals-Edwards.pdf
