Is forgery a felony?

Forgery is making, changing or signing a document so that it falsely appears to be real or to come from someone else, with the intent to cheat or harm another person.^1,2,3

California's law covers signing another person's name without authority, forging a seal or handwriting, and altering or counterfeiting listed documents. Texas defines forging as altering, making or completing a writing so that it purports to be the act of someone who did not authorize it. Pennsylvania also covers altering any writing of another person without his authority.

The documents covered include checks, wills, deeds, contracts, credit cards, public records and prescriptions. Some states also cover money, tokens and identification cards.^2,4,5

New York's second-degree forgery law lists deeds, wills, contracts, credit cards, public records, government-issued instruments and doctors' prescriptions. Texas counts money, coins, stamps, credit cards, badges and symbols of identification as writings. Ohio separately makes it a crime to forge an identification card.

Knowingly using or passing a forged document is also forgery in many states. The law often calls this "uttering." A person can be charged without having made the document.^1,2,3,6

California covers anyone who utters, publishes, passes or attempts to pass a forged item as genuine. Florida makes uttering a forged instrument a third-degree felony in its own section. Texas covers possessing a forged writing with intent to utter it. Pennsylvania covers uttering any writing the person knows to be forged.

Forgery is a misdemeanor in a few situations. In New York, forging an ordinary written instrument is a class A misdemeanor. In Pennsylvania, forgery of a writing that is not on the felony lists is a first-degree misdemeanor.^2,3,5,7,8

California limits forgery of a check, bond, note or money order worth $950 or less to a county jail term of up to one year, unless the person has certain serious prior convictions or is also convicted of identity theft. In Texas, forgery done to get property or a service worth under $750 is a Class B or Class A misdemeanor. Ohio makes forging an identification card a first-degree misdemeanor for a first offense.

What was forged often decides the grade. Forging a will, deed or contract is a third-degree felony in Pennsylvania and a class D felony in New York. Texas also makes it a third-degree felony, unless its value rules apply.^2,3,4,9

Florida makes forging a public record, deed, will, bond, promissory note, receipt for money or similar writing, with intent to injure or defraud, a third-degree felony. In Texas, any other forgery is a state jail felony. When a Texas forgery was done to get property or a service, the grade follows the value instead.

Forging money, securities, stamps or government documents is more serious. It is a second-degree felony in Texas and Pennsylvania and a class C felony in New York.^2,3,10

New York's first-degree forgery covers part of an issue of money, stamps, securities or other valuable instruments issued by a government, and stock or bonds. Texas also treats forged government records and instruments of a state or national government as second-degree felonies.

In several states, forgery is a felony at the lowest level. Florida, Ohio and Virginia all grade it as a felony, and Texas makes it a state jail felony unless it was done to get property or a service worth less than $750.^2,5,9,11

Florida's grade is a third-degree felony, Ohio's a fifth-degree felony, Virginia's a Class 5 felony and Texas's a state jail felony.

Value and victim can raise the grade. In Texas, forgery to get property or a service worth $2,500 or more is a third-degree felony, and in Ohio a loss of $7,500 or more is a fourth-degree felony.^2,5

Texas's value scale runs up to a first-degree felony at $150,000 or more, and it raises the grade by one category when the victim is elderly. Ohio's runs up to a third-degree felony at $150,000 or more, and it lowers each value line when the victim is an elderly person or disabled adult.

Texas

Texas: forgery is a state jail felony by default. It is a third-degree felony for a will, deed, check, credit card, contract or similar document, and a second-degree felony for money, government records or stock.²

If the forgery was done to get property or a service, the grade follows the value instead: Class B misdemeanor under $100, Class A misdemeanor from $100 up to $750, state jail felony from $750 up to $2,500, and higher felonies above that.

Florida

Florida: forging a listed document, such as a public record, deed, will, bond, note or receipt, is a third-degree felony. Uttering a forged instrument is also a third-degree felony.^6,9

California

California: forgery is punishable by up to one year in county jail or by a felony jail sentence under Penal Code section 1170(h), so it can be charged as a misdemeanor or a felony. Forging a check worth $950 or less is generally limited to the county jail term.^1,8,12

New York

New York: forgery in the third degree is a class A misdemeanor, in the second degree a class D felony, and in the first degree a class C felony.^4,7,10

Pennsylvania

Pennsylvania: forgery is a first-degree misdemeanor by default. It is a third-degree felony for a will, deed, contract or similar document and a second-degree felony for money, securities or government instruments.³

Ohio

Ohio: forgery is a fifth-degree felony. With a value or loss of $7,500 up to $150,000 it is a fourth-degree felony, and at $150,000 or more a third-degree felony.⁵

When the victim is an elderly person or disabled adult, the fourth-degree felony starts at $1,000. Forging an identification card is a separate offense, a first-degree misdemeanor for a first offense.

Virginia

Virginia: forging most writings, or using one knowing it is forged, is a Class 5 felony.¹¹

The section covers writings other than those in sections 18.2-168 and 18.2-170. Getting a person's signature on a writing by false pretense, with intent to defraud, is treated as forgery.

18 U.S.C. § 495

Forging a deed, contract or other writing to get money from the U.S. government, or knowingly using one, is a federal crime. The maximum is 10 years in prison.¹³

18 U.S.C. § 471

Forging or counterfeiting an obligation or security of the United States, such as currency, with intent to defraud carries up to 20 years in prison.¹⁴

Under 12 U.S.C. § 1829, a person convicted of a crime involving dishonesty, breach of trust or money laundering may not work at, own or control, or otherwise take part in the affairs of an FDIC-insured bank without the FDIC's prior written consent. The same applies to a person who agreed to a pretrial diversion or similar program for such a charge.^15,16

FDIC rules define a crime of dishonesty as one where a person cheats or defrauds, or wrongfully takes property belonging to another, or one that the law defines as dishonest or that has dishonesty as an element. The FDIC decides from the offense's statutory elements or court rulings on them, so not every conviction for this crime is covered. The rules also leave out a misdemeanor committed more than one year before the person files a consent application, not counting time spent incarcerated.

The bank ban in 12 U.S.C. § 1829 does not apply once 7 years have passed since the offense, or 5 years since release if the person was incarcerated for it. For an offense committed at age 21 or younger, it stops applying once more than 30 months have passed since sentencing.¹⁵

It also does not apply to a conviction covered by an expungement, sealing or dismissal order meant to remove it from the person's record, or to minor offenses the FDIC sets by rule. The time limits do not apply to certain listed federal offenses, including bank embezzlement (18 U.S.C. 656), bank fraud and mail or wire fraud that affects a financial institution. For those, the FDIC may not consent for 10 years after the conviction becomes final, though the sentencing court may grant an exception on the FDIC's motion.