§ 907. Possessing Instruments of Crime

(a) Criminal instruments generally.– A person commits a misdemeanor of the first degree if he possesses any instrument of crime with intent to employ it criminally.
(b) Possession of weapon.–A person commits a misdemeanor of the first degree if he possesses a firearm or other weapon concealed upon his person with intent to employ it criminally.
(c) Unlawful body armor.–A person commits a felony of the third degree if in the course of the commission of a felony or in the attempt to commit a felony he uses or wears body armor or has in his control, custody or possession any body armor.
(d) Definitions.–As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
“Body armor.” Any protective covering for the body, or parts thereof, made of any polyaramid fiber or any resin-treated glass fiber cloth or any material or combination of materials made or designed to prevent, resist, deflect or deter the penetration thereof by ammunition, knife, cutting or piercing instrument or any other weapon.
“Instrument of crime.” Any of the following:
(1) Anything specially made or specially adapted for criminal use.
(2) Anything used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses it may have.

“Weapon.” Anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have. The term includes a firearm which is not loaded or lacks a clip or other component to render it immediately operable, and components which can readily be assembled into a weapon.

Credits
1972, Dec. 6, P.L. 1482, No. 334, § 1, effective June 6, 1973. Amended 1995, July 6, P.L. 238, No. 27, § 1, effective in 60 days; 1996, July 11, P.L. 552, No. 98, § 1, effective in 60 days.

 

Offense Gravity Scores and Prior Record Score Points:

907(a)   Possessing instruments of crime (criminal instruments)  M-1   OGS=3    m

907(b)   Possessing instruments of crime (weapon)                          M-1   OGS=4    1 point

907(c)   Possessing instruments of crime (unlawful body armor)  F-3    OGS=5    1 point