Legal Question in Criminal Law in Iowa

forgery

i would like to know why some forgery charges are considered aggravated misdemeanors and why others are charged as felonies. what are the guidelines for this?


Asked on 1/25/09, 2:37 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Re: forgery

This will explain it to you.

715A.2 FORGERY.

1. A person is guilty of forgery if, with intent to defraud or

injure anyone, or with knowledge that the person is facilitating a

fraud or injury to be perpetrated by anyone, the person does any of

the following:

a. Alters a writing of another without the other's

permission.

b. Makes, completes, executes, authenticates, issues, or

transfers a writing so that it purports to be the act of another who

did not authorize that act, or so that it purports to have been

executed at a time or place or in a numbered sequence other than was

in fact the case, or so that it purports to be a copy of an original

when no such original existed.

c. Utters a writing which the person knows to be forged in a

manner specified in paragraph "a" or "b".

d. Possesses a writing which the person knows to be forged in

a manner specified in paragraph "a" or "b".

2. a. Forgery is a class "D" felony if the writing is or

purports to be any of the following:

(1) Part of an issue of money, securities, postage or revenue

stamps, or other instruments issued by the government.

(2) Part of an issue of stock, bonds, credit-sale contracts as

defined in section 203.1, or other instruments representing interests

in or claims against any property or enterprise.

(3) A check, draft, or other writing which ostensibly evidences

an obligation of the person who has purportedly executed it or

authorized its execution.

(4) A document prescribed by statute, rule, or regulation for

entry into or as evidence of authorized stay or employment in the

United States.

b. Forgery is an aggravated misdemeanor if the writing is or

purports to be a will, deed, contract, release, commercial

instrument, or any other writing or other document evidencing,

creating, transferring, altering, terminating, or otherwise affecting

legal relations.

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Answered on 1/25/09, 3:01 pm


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