Forgery 2C:21-1
New Jersey defines forgery as an act committed by a person with the purpose of defrauding or injuring another. Forgery may also involve a person acting with the knowledge that they are facilitating a fraud or injury originally begun by another person. A fraud or injury typically involves money, but can also involve items with a monetary value, such as lumber.
Forgery covers check kiting, or writing checks with insufficient funds. Another act of forgery can be lying on official documents such as loan records. Forgery may involve changing the writing of another without that person’s authorization. Forged documents can be writings that are executed so they appear to be created by a person who did not authorize the writings or engage in the acts specified within them.
When an individual creates a fictitious person, and states that the fictitious person engaged in a series of acts that occurred in a specific order, and sets these forth in documents to defraud another, this constitutes forgery. Forgery may cover altering or making up information about the execution of written documents. The documents then detail events that occurred in a false order or on different dates. Forgery can be creating a document that looks the original of a document that does not exist.
Forgery is a crime of the third degree if the writing in question concerns money, securities, postage, revenue stamps, or other instruments, certificates, or licenses issued by the government. This category includes checks, New Jersey Prescription Blanks, stocks, and bonds. Other writings covered by the “third degree” provision include those involving instruments that represent an interest in or claims against a property or enterprise, contain personal identifying information, or concern an access device.
A crime of the third degree has a maximum penalty of 3-5 years in prison and a fine up to $15,000. Forgery also covers writings that are or purport to be more 15 or more altered retail sales receipts or product code labels. Forgery that does not concern these types of writings is a crime of the fourth degree. A crime of the fourth degree is punishable by up to 18 months in prison and a fine up to $10,000.
A person may be charged with possession of a forgery device if they make or possess any device that is designed or adapted for the purpose of forging documents. Examples can include a machine that creates false checks and software that forges an individual’s signature. Possession of a forgery device is a crime of the third degree.
The state is not required to provide that another party was injured or defrauded by a writing to charge an individual with forgery. If a person offers five bad checks as valid at one time, this act is considered to be one offense. If a person succeeds in committing forgery, they may be charged with theft by deception. A conviction for theft by deception via a forged document (also known as an “uttering”) merges with a conviction for forgery.
