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(a) No person shall possess or have under the person's control any substance, device, instrument or article, with purpose to use it criminally.
(b) Each of the following constitutes prima-facie evidence of criminal purpose:
(1) Possession or control of any dangerous ordnance, or the materials or parts for making dangerous ordnance, in the absence of circumstances indicating the dangerous ordnance, materials or parts are intended for legitimate use;
(2) Possession or control of any substance, device, instrument or article designed or specially adapted for criminal use;
(3) Possession or control of any substance, device, instrument or article commonly used for criminal purposes, under circumstances indicating the item is intended for criminal use.
(c) Whoever violates this section is guilty of possessing criminal tools, a misdemeanor of the first degree, provided the circumstances do not indicate that the substance, device, instrument or article involved in the offense was intended for use in the commission of a felony. The penalty shall be as provided in Section 698.02.