Which of the following is NOT an element required to prove the possession of a burglarious tool?

Prepare for the MPTC Criminal Law Exam. Use flashcards and multiple choice questions with hints and explanations to enhance your understanding and readiness for the test!

To prove possession of a burglarious tool, certain elements must be established, but prior conviction for burglary is not among them. In many jurisdictions, the crime of possession of burglarious tools focuses on the possessory and intent elements rather than the individual's past criminal history. Specifically, the prosecution must demonstrate that the suspect knowingly possessed a tool that was designed for breaking and entering, which shows intent to commit a burglary.

The required elements include proof that the suspect knowingly possessed a machine or tool with a specific purpose related to facilitating a burglary and that they possessed this tool intending to use it unlawfully, without needing to establish a prior conviction for burglary. Thus, requiring a previous conviction imposes an additional burden that isn't a necessary element of the offense, making it the correct choice for what is not needed to prove possession of a burglarious tool.

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