76-6-501. Forgery -- Elements of offense -- "Writing" defined.
(1) As used in this section, "writing" includes printing, electronic storage or
transmission, or any other method of recording valuable information including forms such as:
(a) checks, tokens, stamps, seals, credit cards, badges, trademarks, money, and any other
symbols of value, right, privilege, or identification;
(b) a security, revenue stamp, or any other instrument or writing issued by a government
or any agency; or
(c) a check, an issue of stocks, bonds, or any other instrument or writing representing an
interest in or claim against property, or a pecuniary interest in or claim against any person or
enterprise.
(2) A person is guilty of forgery if, with purpose to defraud anyone, or with knowledge
that 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 any
writing 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 other
than 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 signs
his 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 actor
purports to act.
(4) Forgery is a third degree felony.
Amended by Chapter 141, 2007 General Session
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Last revised: Wednesday, July 23, 2008