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?
1 Answer from Attorneys
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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