The primary element of the crime of possession of burglary tools is:
- **Option D: an intent to use a tool or permit its use to commit burglary.**
Explanation: Possession of burglary tools alone may not be enough to constitute the crime unless there is evidence of intent to use those tools for committing burglary. This intent is a key element in proving the crime of possession of burglary tools. For example, if someone is found with tools commonly used for breaking into buildings, like lock picks or crowbars, the prosecution must demonstrate that the individual had the intent to use these tools for unlawful entry.
While options A, B, and C may seem plausible, they do not capture the core element required to establish the crime of possession of burglary tools. It is the intention to use these tools for criminal activities that distinguishes this offense.