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 Dakota, forgery is defined under SDCL 22-39-1 as the act of falsely making, completing, altering, or uttering any written instrument with the intent to defraud. This includes a wide range of documents such as checks, contracts, deeds, and legal certificates. The state law also covers the possession of a forged instrument with the intent to defraud as part of the offense. Forgery in South Dakota is classified as a felony, and the severity of the punishment can vary depending on the circumstances of the crime, including the type of document forged and the amount of financial loss involved. Penalties may include imprisonment, fines, or both. It is important for individuals accused of forgery to seek the advice of an attorney to understand the specific charges and potential defenses available in their case.