What constitutes the classification of the offense when someone possesses a criminal instrument with unlawful intent?

Possessing a criminal instrument with unlawful intent generally refers to the possession of tools or devices that are specifically designed or adapted for use in the commission of a criminal offense. In many jurisdictions, including under the laws typically covered by the BPOC, this type of offense often carries a classification based on the severity of the intended underlying offense, but it is typically considered a lesser offense than the crime it is associated with.

When an individual has a criminal instrument intended for unlawful use, the offense is often classified as being more than one category lower than the actual offense they intended to commit. This approach helps to fulfill the legal principle that while possessing such instruments is unlawful, it does not inherently impose the same level of culpability as the actual commission of the more serious offense for which the instrument is intended. Thus, classifying it as "more than one category lower" is a logical reflection of the relationship between the possession and the intended crime.

This interpretation aligns with legal frameworks that aim to impose appropriate penalties for preparatory offenses, which help deter criminal activity without equating possession with commission of the intended crime.