(1) Terms defined in Sections 76-1-101.5 and 76-6-201 apply to this section.
(2) An actor commits manufacture or possession of an instrument for burglary or theft if the actor manufactures or possesses any instrument, tool, device, article, or other thing adapted, designed, or commonly used in advancing or facilitating the commission of any offense under circumstances manifesting an intent to use or knowledge that another person intends to use the same in the commission of a burglary or theft.
(3) A violation of Subsection (2) is a class B misdemeanor.