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 South Carolina, forgery is considered a serious criminal offense and is addressed under the South Carolina Code of Laws, specifically in Title 16 - Crimes and Offenses, Chapter 13 - Forgery, Larceny, Embezzlement, False Pretenses and Cheats. The law defines forgery as knowingly and willfully making, forging, or counterfeiting a document or instrument, or uttering such a document, with the intent to defraud. This includes any writing, record, or other instrument that has legal significance. The act of forgery can involve creating a false document, altering an existing one, or using a forged document as if it were genuine. The penalties for forgery in South Carolina vary depending on the type of document involved and the value associated with the forgery. For example, forgery involving a will, deed, or public record, among others, is considered a felony and can result in imprisonment. Lesser forms of forgery may be treated as misdemeanors with corresponding lesser penalties. It is important for individuals accused of forgery to seek the advice of an attorney to understand the specific charges and potential defenses available to them under South Carolina law.