Forgery

Introduction to Forgery

Forgery, in criminal law, fraudulent altering of a written document or seal, with the intent of injuring the interests of another person or of fraudulently obtaining governmental revenue. Forgeries must be executed with such skill or in such circumstances as to be mistaken for a genuine document by the average person. They do not necessarily try to imitate the handwriting of another or the form of the simulated document. If the intention was to deceive, and the circumstances were such as to render deception possible, then the crime has been committed; consequently, forgery applies to signing the name of a person who cannot write. Any material alteration, however slight, such as the unauthorized use of another’s signature, is as much a forgery as the transferring of a genuine signature to a document for which it was not intended, or the fabrication of an entire document.

The offense is not limited to the fabrication of writing, but includes the fabrication of printed or engraved instruments, such as railroad and airplane tickets, corporation stock certificates, and bonds. Moreover, the false document must have an apparent legal efficacy. A letter of introduction, although requesting a personal favor for the bearer from the one to whom it is addressed, is not a subject of criminal forgery.

To secure a conviction for forgery it is necessary to prove an intent to defraud, but it is not necessary that the purpose should have been actually effected; it is sufficient to show that the forgery would have proved injurious to another’s interests. In the U.S., federal and state statutes define the specific offenses that constitute the crime of forgery.” (1)

Resources

Notes and References

• Information about Forgery in the Encarta Online Encyclopedia

Guide to Forgery

Criminal Law: Crimes Against Property Forgery

Introduction to Forgery

A person commits forgery if he or she makes a false writing or materially alters a genuine writing that either has legal significance or is commonly relied upon in business transactions. A writing includes handwriting, printing, typewriting, or engraving. A painting, for instance, does not qualify as a writing. To be guilty of forgery, the person must intend to defraud someone by his or her action. Unlike the property crimes considered above, there is no requirement that any victim lose property or money. It is enough that the forger makes the false writing with the fraudulent intent. Examples of documents with legal significance are a check, promissory note, stock certificate, bond, deed, mortgage, will, and contract. Examples of documents used in business are an invoice and a letter of recommendation. The forger’s act often consists of signing the name of a real or fictitious person (not the forger’s own name), filling in a blank, or materially altering what is already written.

The crime of uttering a forged instrument consists of offering a forged document as true and genuine, knowing it to be a forgery, with an intent to defraud. Thus, a person who did not actually commit the forgery may be guilty of uttering.” (1)

Resources

Notes and References

• Information about Forgery in the Encarta Online Encyclopedia

Guide to Forgery

In this Section

Crimes Against Property (including Larceny, Embezzlement, False Pretenses, Property Robbery, Extortion, Receiving Stolen Property and Forgery) and Crimes Against the Habitation (Arson and Burglary).