76-6-501 - Forgery -- Elements of offense -- "Writing" defined.
76-6-501. Forgery -- Elements of offense -- "Writing" defined.
(1) As used in this section, "writing" includes printing, electronic storage ortransmission, or any other method of recording valuable information including forms such as:
(a) checks, tokens, stamps, seals, credit cards, badges, trademarks, money, and any othersymbols of value, right, privilege, or identification;
(b) a security, revenue stamp, or any other instrument or writing issued by a governmentor any agency; or
(c) a check, an issue of stocks, bonds, or any other instrument or writing representing aninterest in or claim against property, or a pecuniary interest in or claim against any person orenterprise.
(2) A person is guilty of forgery if, with purpose to defraud anyone, or with knowledgethat he is facilitating a fraud to be perpetrated by anyone, he:
(a) alters any writing of another without his authority or utters the altered writing; or
(b) makes, completes, executes, authenticates, issues, transfers, publishes, or utters anywriting so that the writing or the making, completion, execution, authentication, issuance,transference, publication, or utterance:
(i) purports to be the act of another, whether the person is existent or nonexistent;
(ii) purports to be an act on behalf of another party with the authority of that other party;or
(iii) purports to have been executed at a time or place or in a numbered sequence otherthan was in fact the case, or to be a copy of an original when an original did not exist.
(3) It is not a defense to a charge of forgery under Subsection (2)(b)(ii) if an actor signshis own name to the writing if the actor does not have authority to make, complete, execute,authenticate, issue, transfer, publish, or utter the writing on behalf of the party for whom the actorpurports to act.
(4) Forgery is a third degree felony.
Amended by Chapter 141, 2007 General Session