12.1-24 Forgery and Counterfeiting
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<![CDATA[CHAPTER 12.1-24FORGERY AND COUNTERFEITING12.1-24-01. Forgery or counterfeiting.1.A person is guilty of forgery or counterfeiting if, with intent to deceive or harm the<br>government or another person, or with knowledge that he is facilitating such<br>deception or harm by another person, he:a.Knowingly and falsely makes, completes, or alters any writing; orb.Knowingly utters or possesses a forged or counterfeited writing.2.Forgery or counterfeiting is:a.A class B felony if:(1)The actor forges or counterfeits an obligation or other security of the<br>government; or(2)The offense is committed pursuant to a scheme to defraud another or<br>others of money or property of a value in excess of ten thousand dollars.b.A class C felony if:(1)The actor is a public servant or an officer or employee of a financial<br>institution and the offense is committed under color of office or is made<br>possible by his office;(2)The actor forges or counterfeits foreign money or other legal tender, or<br>utters or possesses any forged or counterfeited obligation or security of<br>the government or foreign money or legal tender;(3)The actor forges or counterfeits any writing from plates, dies, molds,<br>photographs, or other similar instrumentsdesignedformultiplereproduction;(4)The actor forges or counterfeits a writing which purports to have been<br>made by the government; or(5)The offense is committed pursuant to a scheme to defraud another or<br>others of money or property of a value in excess of one hundred dollars.c.A class A misdemeanor in all other cases.12.1-24-02. Facilitation of counterfeiting.1.A person is guilty of an offense if, except as authorized by statute or by regulation,<br>he knowingly makes, executes, sells, buys, imports, possesses, or otherwise has<br>within his control any plate, stone, paper, tool, die, mold, or other implement or thing<br>uniquely associated with or fitted for the preparation of any forged or counterfeited<br>security or tax stamp or any writing which purports to be made by this government or<br>any foreign government.2.A person is guilty of an offense if, except as authorized by statute or by regulation,<br>he:a.Knowingly photographs or otherwise makes a copy of:Page No. 1(1)Money or other obligation or security of this government or of any foreign<br>government, or any part thereof;(2)Any plate, stone, tool, die, mold, or other implement or thing uniquely<br>associated with or fitted for the preparation of any writing described in<br>subsection 1; orb.Knowingly sells, buys, imports, possesses, or otherwise has within his control<br>any photograph or copy the making of which is prohibited by subdivision a.3.In a prosecution under this section, authorization by statute or by regulation is a<br>defense.4.An offense defined in this section is a class B felony if the implement or the<br>impression relates to the forging or counterfeiting of an obligation or security of the<br>government. Otherwise it is a class C felony.12.1-24-03. Deceptive writings.1.A person is guilty of an offense if, with intent to deceive or harm the government or<br>another person, or with knowledge that he is facilitating such a deception or harm by<br>another person, he knowingly issues a writing without authority to issue it or<br>knowingly utters or possesses a deceptive writing.2.The offense is a class B felony if it is committed pursuant to a scheme to defraud<br>another or others of money or property of a value in excess of ten thousand dollars.<br>The offense is a class C felony if:a.The actor is a public servant or an officer or employee of a financial institution<br>and the offense is committed under color of office or is made possible by his<br>office; orb.The offense is committed pursuant to a scheme to defraud another or others of<br>money or property of a value in excess of one hundred dollars.Otherwise it is a class A misdemeanor.12.1-24-04. Definitions. In this chapter:1.The definitions prescribed in section 12.1-23-10 apply.2.A "deceptive writing" is a writing which has been:a.Procured by deception; orb.Issued without authority.3."Falsely alters" means to make a change in a writing, without authority, such that the<br>writing appears to have been made by, or fully authorized by, its apparent maker.4."Falsely completes" means to make an addition to or an insertion in a writing,<br>without authority, such that the writing appears to have been made by, or fully<br>authorized by, its apparent maker.5."Falsely makes" means to make a writing which purports to be made by the<br>government or another person, or a copy thereof, but which is not because the<br>apparent maker is fictitious or because the writing was made without authority.Page No. 26.To "forge" or to "counterfeit" a writing means to falsely make, complete, or alter the<br>writing, and a "forged" or "counterfeited" writing is a writing which has been falsely<br>made, completed, or altered.The terms "forgery" and "counterfeiting" and theirvariants are intended to be synonymous in legal effect.7.The term "obligation or other security of this state" means a bond, certificate of<br>indebtedness, coupon, fractional note, certificate of deposit, a stamp, or other<br>representative of value of whatever denomination, issued pursuant to a statute.8."Possess" means to receive, conceal, or otherwise exercise control over.9."Security" other than as provided in subsection 10 includes any note, stock<br>certificate, bond, debenture, check, draft, warrant, traveler's check, letter of credit,<br>warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of<br>interest or participation in any profit-sharing agreement, collateral-trust certificate,<br>preorganization certificate or subscription, transferable share, investment contract,<br>voting-trust certificate, certificate of interest in tangible or intangible property,<br>instrument or document or writing evidencing ownership of goods, wares, and<br>merchandise, or transferring or assigning any right, title, or interest in or to goods,<br>wares, and merchandise, uncanceled stamp issued by a foreign government<br>(whether or not demonetized); or, in general, any instrument commonly known as a<br>"security", or any certificate of interest or participation in, temporary or interim<br>certificate for, receipt for, warrant, or right to subscribe to or purchase any of the<br>foregoing.10."Tax stamp" includes any tax stamp, tax token, tax meter imprint, or any other form<br>of evidence of an obligation running to a state, or evidence of the discharge thereof.11."Utter" means to issue, authenticate, transfer, publish, sell, transmit, present, use, or<br>otherwise give currency.12."Without authority" includes conduct that, on the specific occasion called into<br>question, is beyond any general authority given by statute, regulation, or agreement.13."Writing" means:a.Any paper, document, or other instrument containing written or printed matter<br>or its equivalent, including money, a money order, bond, public record, affidavit,<br>certificate, contract, security, or obligation.b.Any coin or any gold or silver bar coined or stamped at a mint or assay office or<br>any signature, certification, credit card, token, stamp, seal, badge, decoration,<br>medal, trademark, or other symbol or evidence of value, right, privilege, or<br>identification which is capable of being used to the advantage or disadvantage<br>of the government or any person.12.1-24-05. Making or uttering slugs.1.A person is guilty of an offense if he makes or utters a slug with intent to deprive a<br>supplier of property or service sold or offered by means of a coin machine or with<br>knowledge that he is facilitating such a deprivation by another person.2.The offense is a class A misdemeanor if it involves slugs which exceed fifty dollars in<br>value. Otherwise it is a class B misdemeanor.3.In this section:a."Slug" means a metal, paper, or other object which by virtue of its size, shape,<br>or any other quality is capable of being inserted, deposited, or otherwise usedPage No. 3in a coin machine as an improper but effective substitute for a genuine coin, bill,<br>or token.b."Coin machine" means a coin box, turnstile, vending machine, or other<br>mechanical or electronic device or receptacle designed:(1)To receive a coin or bill of a certain denomination or a token made for the<br>purpose; and(2)In return for the insertion or deposit thereof, automatically to offer,<br>provide, assist in providing, or permit the acquisition of property or a<br>public or private service.c."Value" of the slugs means the value of the coins, bills, or tokens for which they<br>are capable of being substituted.Page No. 4Document Outlinechapter 12.1-24 forgery and counterfeiting]]>