(6)3.2.5 Forgery in the Second Degree

A person is guilty of Forgery in the Second Degree under this subsection if he or she:

(a) With the intent to defraud or deceive, knowingly makes, alters, or counterfeits a written instrument that:

1. Is capable of defrauding another; or
2. Purports to have been made by another person, by authority of another, or at a time or place other than as actually made, without the authorization of the person or entity purportedly responsible;

(b) Willfully possesses, utters, or delivers any such forged instrument with knowledge of its forgery and with intent to defraud.

(c) Notes:

• "Written instrument" may include checks, promissory notes, contracts, deeds, certificates, or any document capable of legal effect.
• This offense is less severe than first-degree forgery, which typically involves instruments of greater official or financial significance (e.g., government-issued IDs, public records).
• Intent to defraud or deceive is a required element; mere technical alteration without intent does not constitute the crime.

Forgery in the Second Degree is a Class C Felony.