Forgery is the criminal offense of making or uttering a false document or other instrument with the intent to defraud or harm someone—including a written or printed document, money, coins, tokens, stamps, checks, cashier’s checks, bonds, money orders, traveler’s checks, real property deeds, contracts, stock certificates, lottery tickets, wills, seals, credit cards, badges, trademarks, and symbols of value, right, privilege, or identification. Uttering a document means to declare—either directly or indirectly, and through words or actions—that the document is legitimate and what it purports to be.
Forging a document includes altering, making, completing, executing, or authenticating a writing so it purports (1) to be the act of another who did not authorize that act; (2) to have been executed at a time or place or in a numbered sequence other than was in fact the case; or (3) to be a copy of an original when no such original existed.
Forging a document also includes the acts of issuing, transferring, registering the transfer of, recording, passing, publishing, or otherwise uttering a document that is forged. And in some states the mere possession of a forged document with the intent to utter it constitutes forging a document.
The definitions, penalties, and punishments for the crime of forgery vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.
In Alabama, forgery is defined under Title 13A of the Alabama Criminal Code, specifically in Chapter 9 which deals with Forgery and Fraudulent Practices. The state recognizes several degrees of forgery, with the most serious being Forgery in the First Degree, as outlined in Section 13A-9-2. This degree of forgery involves creating, altering, or possessing a forged instrument with the intent to defraud when the instrument is part of or represents money, securities, stamps, or other valuable instruments issued by a government or governmental entity. Lesser degrees, such as Forgery in the Second and Third Degrees, involve similar acts but with instruments that may not hold the same value or significance as those in the first degree. The act of uttering a forged instrument is also criminalized, meaning that presenting or using a forged document as if it were genuine is illegal. Penalties for forgery in Alabama can range from fines to imprisonment, depending on the degree of the offense and the specific circumstances involved. It is important for individuals accused of forgery to consult with an attorney to understand the charges they face and the potential legal consequences.