An employee arranged to have a master key made for the new vice president, changed the number of keys on the request form, kept the extra key, intending to enter after hours and steal. What crime did the employee commit?

• A. Theft
• B. Embezzlement
• C. Robbery
• D. Possession of burglary tools (misdemeanor)

Answer: (D)

Possessing tools designed to facilitate burglary is a crime even before any burglary takes place. In this scenario, the employee arranged to get a master key, altered the request form to obtain more keys, kept the extra key, and planned to enter after hours to steal. Those actions show both having burglary tools and the intent to use them to commit a theft, which fits the offense of possession of burglary tools (a misdemeanor).

The other offenses don’t fit as well. Theft requires actually taking property; nothing has been taken yet in this situation. Embezzlement involves misusing property entrusted to you, which isn’t demonstrated here. Robbery requires using force or intimidation against a person to steal, which isn’t described. The key point is that simply possessing burglary tools with the intent to commit burglary is itself a criminal act.