A person commits the offense of forgery when he or she, with the intent to defraud or to harm another person: (1) makes, alters, executes, or authenticates any writing so that it purports to be the act of another person, to be a writing at a certain time or place, or a copy of an original writing that does not exist; (2) issues, transfers, registers, passes, or utters a writing that purports to be the act of another person, to be a writing at a certain time or place, or a copy of an original writing that does not exist; or (3) possesses a writing with the intent to utter it, which writing purports to be the act of another person, to be a writing at a certain time or place, or a copy of an original writing that does not exist.

The act of forgery may be committed by any of the above three methods. Where an indictment charges a defendant with one of the above three methods, the evidence at trial must prove that particular method. The evidence cannot be used to prove another method.

The word "writing" for purposes of the offense of forgery includes money, coins, stamps, credit cards, debit cards, and other symbols of value or identification.

The first method of forgery is referred to as "forgery by making." It involves the making, altering, completion, or execution of a forged writing.

The second method of forgery is referred to as "forgery by passing." It involves the issuance, transfer, passing, publishing, or uttering of a forged writing. The word "pass" means the offer, the delivery, or the physical transfer of the forged writing to another person. A defendant does not need to receive any consideration for the "passing" of the forged writing. The defendant does also not need to be the person who forged the writing. It is only necessary for the prosecution to prove that the defendant intended to pass the forged writing to the other person.

The third method of forgery is referred to as "possession with intent to pass." The method involves the possession of a forged writing with the intent to utter it. Mere possession of the forged writing with the intent to defraud or to harm another person is sufficient. A defendant does not need to forge the writing or to pass or to attempt to pass the forged writing to another person.

An essential element of the offense of forgery is the intent to defraud or to harm another person. The fact that a forged writing does not create or defeat a monetary obligation is irrelevant. Also, the person whom a defendant intended to defraud or to harm does not need to be established. The defendant's knowledge that the writing was forged is sufficient for proving intent. Knowledge may be proven by theft of the writing, by the defendant's presentation of a false identification, or by the defendant's alteration of the writing.

In order to convict a defendant of forgery, the prosecution must prove the existence of a forged writing. The original writing or a copy of the writing must be introduced into evidence. The defendant's name and a victim's name must be the same on the forged writing and in the indictment.

Another essential element of the offense of forgery is that the writing is purported to be the act of another person without that person's consent. The other person does not need to be a real person. The person can be fictitious. However, a defendant who signs his or her real name to a writing is not guilty of forgery unless he or she intended to confuse his or her name with another person. A defendant who signs his or her name under an assumed name is not guilty of forgery unless the defendant assumed the name for the purpose of executing the forged writing.

The most common type of a forged writing is a document that purports to be the writing of another person, such as a check that has been signed by a defendant with the other person's name. An indictment charging a defendant with forging a check should include a copy of the check. If the check has been lost or destroyed, the indictment may summarize the words that appeared on the check.

The offense of forgery is normally punished as a misdemeanor. However, the offense may be punished as a felony if the forged writing was a will or codicil, a deed, a mortgage or deed of trust, a security agreement, a credit card, a check, or a contract. The offense may be a more serious felony is the forged writing was the issue of money, securities, or postage stamps, a government record or instrument, or stocks or bonds.

Copyright 2006 LexisNexis, a division of Reed Elsevier Inc.