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 North Dakota, forgery is defined under North Dakota Century Code (NDCC) 12.1-24-01 as the act of falsely making, altering, forging, or counterfeiting a public record, or an instrument filed or required by law to be filed, or legally fileable, or issued by a public office or government agency, or a written instrument, or an issuer's genuine symbol, with the intent to defraud. This includes any action where a person, with intent to defraud, passes, utters, or possesses a forged instrument. The law also covers the possession of forgery devices. The crime of forgery in North Dakota is typically classified as a Class C felony, which can result in a sentence of up to five years' imprisonment, a fine of up to $10,000, or both. The specific circumstances of the forgery, such as the type of document and the intent behind the act, can influence the severity of the charges and penalties. It is important for individuals accused of forgery to consult with an attorney who is knowledgeable about North Dakota's forgery laws to understand the charges and potential defenses.