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 Arkansas, forgery is considered a serious criminal offense under Arkansas Code Annotated § 5-37-201 et seq. The law defines forgery as the creation, alteration, or use of any written instrument with the intent to defraud. This includes a wide range of documents such as checks, contracts, legal certificates, and any other instrument that can be used to represent value or legal rights. The act of uttering a forged document, which means presenting or using it as if it is genuine, is also covered under this statute. The severity of the offense can range from a Class B misdemeanor to a Class B felony, depending on factors such as the type of document involved and the value associated with the forgery. Penalties can include fines, restitution, and imprisonment. It is important for individuals accused of forgery to seek the counsel of an attorney to navigate the complexities of the legal system and to ensure their rights are protected.