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 Montana, forgery is defined under Montana Code Annotated (MCA) 45-7-207. The statute outlines that a person commits the offense of forgery if they falsely make, alter, forge, or counterfeit any writing with the intent to defraud another. This includes any document or instrument mentioned in the description, such as checks, contracts, legal documents, and identification cards. Uttering a forged instrument is also a crime in Montana, which involves passing off or using a forged document as genuine. The law covers various acts of forgery, including altering, making, completing, executing, or authenticating any writing to make it appear to be something it is not, such as the work of another person, executed at a different time or place, or a copy of an original that does not exist. The mere possession of a forged document with the intent to utter it can also constitute forgery. Penalties for forgery in Montana can include imprisonment, fines, or both, and the severity of the punishment typically depends on the circumstances of the offense and the value of the forged document or the loss to the victim.