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 Georgia, forgery is addressed under the Official Code of Georgia Annotated (O.C.G.A.) § 16-9-1. The law defines four degrees of forgery, with the severity of the offense increasing from the fourth degree to the first degree. Forgery in the first degree involves the creation, alteration, or possession of a forged document with the intent to defraud, and it is considered a felony. This includes any written or printed document, such as checks, contracts, or identification cards. Uttering a forged document, which means presenting or using it as if it were genuine, is also covered under this statute. The penalties for forgery can include imprisonment, fines, or both, and they vary depending on the degree of the offense. For example, a conviction for forgery in the first degree can result in a prison sentence of one to fifteen years. It's important to note that even mere possession of a forged document with the intent to use it can constitute forgery in Georgia. As with all criminal offenses, the specific circumstances of the case can affect the charges and penalties, and an attorney can provide guidance on the matter based on current laws and the facts of the case.