(a) A person is guilty of forgery if, with intent to defraud or injure anyone, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone, he: (1) falsely makes a written instrument by drawing a complete written instrument in its entirety, or an incomplete written instrument, which purports to be an authentic creation of its ostensible maker, but which is not either because the ostensible maker is fictitious or because, if real, he did not authorize the making or drawing thereof; (2) falsely completes a written instrument by transforming through adding, inserting or changing matter, an incomplete written instrument into a complete one, without the authority of anyone entitled to grant it, so that the complete written instrument falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him; (3) falsely alters a written instrument by change, without authorization by anyone entitled to grant it, of a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner, so that the instrument so
altered appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by him; (4) induces another by deception to sign or execute a written instrument which is not what it has been represented to be; or (5) utters any written instrument which he knows to be forged in a manner specified in Paragraphs (1), (2), (3) or (4). (b) Written Instrument includes printing or any other method of recording information, money, coins, tokens, tickets, stamps, seals, credit cards, badges, trademarks and other symbols of value, right, privilege or identification. (c) Forgery is a felony of the second degree if the writing is or purports to be part of an issue of money, stamps, securities or other valuable instruments issued by a government or governmental agency, or part of an issue of stock, bonds or other instruments representing interests or claims against a corporate or other organization or its property. Forgery is a felony of the third degree if the writing is or purports to be a will, deed, contract, release, commercial instrument or other document evidencing, creating, transferring, altering, terminating or otherwise affecting legal relations. Otherwise forgery is a misdemeanor. SOURCE: G.P.C. §§ 115-116, 350, 352, 353, 470-473, 475, 476, 477-483; See also § 474; M.P.C. § 224.1; Cal. §§ 1030- 1040 (1971), see also § 1176; Mass. ch. 266, §§ 26-29; N.J. § 2C:21-1. COMMENT: Former Penal Code §§ 479 and 480 included specific provisions on possession of a forgery with intent to utter and the manufacture or possession of dies or other means of committing forgery. This Code relies on attempt law to cover such crimes. Section 46.10 provides for forgery and counterfeiting in a manner consistent with former law, while eliminating considerable verbiage and overlapping statutes. The Law relating to theft, fraud, attempt and complicity tend to diminish the need for a separate forgery offense. However, the offense is retained as it was in the Model Code “because the concept is so embedded in statutes and popular understandings that it could be inconvenient as unlikely that any legislation would completely abandon it, and partly in recognition of the special effectiveness of forgery as the means of undermining public confidence in important symbols of commerce, and perpetrating large scale frauds.” M.P.C. §§ 79-80 (tent. draft No. 11, 1960). NOTE: The comma which formerly appeared between the words “commercial” and “instrument” in § 46.10 (c) has been removed, as this was a typographical error. [Memo of Charles H. Troutman, Compiler of Laws, June 29, 1987.]