(6)3.2.4 Forgery in the First Degree: Difference between revisions
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Created page with "A person is guilty of <b>Forgery in the First Degree</b> under this subsection if he or she: (a) With the intent to defraud or deceive, knowingly makes, alters, or counterfeits a written instrument that: # Is capable of defrauding another; or # 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 responsib..." |
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# 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; | # 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) [[(6)1_Definitions#(6)1.2_Willfully|Willfully]] possesses, utters, or delivers any such forged instrument with knowledge of its forgery and with intent to defraud | (b) [[(6)1_Definitions#(6)1.2_Willfully|Willfully]] possesses, utters, or delivers any such forged instrument with knowledge of its forgery and with intent to defraud; and | ||
(c) Notes: | (c) commits this offense in cooperation with or furtherance of a [[(6)1_Definitions#(6)1.7_Criminal_Organization_/_Criminal_Enterprise|criminal enterprise]] or [[(6)1_Definitions#(6)1.6_Terrorism|terrorism]] scheme; or | ||
(d) makes, alters, or counterfeits a written instrument that is a government document, court paper, legally binding contract, or any instrument with official or critical legal effect. | |||
(e) Notes: | |||
* "Written instrument" may include checks, promissory notes, contracts, deeds, certificates, or any document capable of legal effect. | * "Written instrument" may include checks, promissory notes, contracts, deeds, certificates, or any document capable of legal effect. | ||
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* Intent to defraud or deceive is a required element; mere technical alteration without intent does not constitute the crime. | * Intent to defraud or deceive is a required element; mere technical alteration without intent does not constitute the crime. | ||
Forgery in the | Forgery in the First Degree is a <b>Class B+ Felony</b>. | ||
Latest revision as of 10:18, 15 December 2025
A person is guilty of Forgery in the First 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:
- Is capable of defrauding another; or
- 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; and
(c) commits this offense in cooperation with or furtherance of a criminal enterprise or terrorism scheme; or
(d) makes, alters, or counterfeits a written instrument that is a government document, court paper, legally binding contract, or any instrument with official or critical legal effect.
(e) 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 First Degree is a Class B+ Felony.