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Legal Definitions - criminal instrument
Definition of criminal instrument
A criminal instrument refers to an object that is either specifically created or modified for illegal activities, or an object that, while not inherently unlawful, is possessed under circumstances that clearly demonstrate an intent to use it to commit a crime.
- Example 1: An individual is apprehended with a custom-built electronic device specifically designed to jam cellular signals and disable GPS tracking systems. This device has no legitimate commercial or personal use.
Explanation: This device falls under the definition because it was "made" for criminal use—to facilitate illegal activities by preventing communication and tracking. Its very design and function mark it as a criminal instrument.
- Example 2: A person is found lurking near a row of parked bicycles late at night, carrying a large pair of bolt cutters and a backpack containing several bike locks that have been cut. The individual is not a professional locksmith or involved in any legitimate repair work.
Explanation: While bolt cutters can be used for legitimate purposes, their possession by someone without a lawful reason, combined with the suspicious circumstances (late night, near bicycles, and possessing cut locks), strongly indicates an "unlawful purpose" to commit bicycle theft. In this context, the bolt cutters become a criminal instrument.
- Example 3: During a heated argument, one person picks up a heavy, antique brass candlestick from a mantelpiece and brandishes it menacingly, threatening to strike the other person.
Explanation: An antique brass candlestick is an ordinary household item. However, when it is picked up and used in a threatening manner with the stated or implied intent to cause harm, the "circumstances showing an unlawful purpose" transform it into a criminal instrument for that specific situation.
Simple Definition
A criminal instrument is an item specifically made or modified for use in a crime. It can also be an object commonly used for unlawful purposes, if someone possesses it under circumstances showing an intent to commit a crime.