Utah Felony Forgery Laws can be found at Utah Code Ann. 76-6-501 (2021).
There are two basic felony forgery charges in Utah. First, changing an important document with intent to defraud another person, or Second, creating fake government identification cards.
Utah felony forgery charges can carry prison time.
Fake State Issued Driver’s License: Fake Social Security Card.
The forgery statute specifically defines the following terms as they relate to Utah’s forgery charges.
Trafficking forged documents means to: transport, transfer, or otherwise dispose of an item to another, as consideration for anything of value; or make or obtain control of with intent to transport, transfer, or otherwise dispose of an item to another.
Forged Writings includes printing, electronic storage or transmission, or any other method of recording valuable information including forms such as:
Here is the Changing / Altering / Forging Documents with Intend to Default Another provisions (3rd Degree Felony).
A person is guilty of forgery if, with purpose to defraud anyone, or with knowledge that the person is facilitating a fraud to be perpetrated by anyone, the person:
(a) alters any writing of another without his authority or utters (passes it off as real to another person) 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.
Here is the Creating Fake Identification Documents. (2nd Degree Felony).
Utah forgery cases are often fact and document intensive. Requiring a bigger firm with staff and a team of attorneys to handle.
A person is guilty of producing or transferring any false identification document who:
(a) knowingly and without lawful authority produces, attempts, or conspires to produce an identification document, authentication feature, or a false identification document that is or appears to be issued by or under the authority of an issuing authority;
(b) transfers, or possesses with intent to transfer, an identification document, authentication feature, or a false identification document knowing that the document or feature was stolen or produced without lawful authority;
(c) produces, transfers, or possesses a document-making implement or authentication feature with the intent that the document-making implement or the authentication feature be used in the production of a false identification document or another document-making implement or authentication feature; or
(d) traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification.
Utah Felony Forgery Penalties: Utah Forgery is a third or second degree felony, which is punishable by a prison sentence of 0-5 years or 1-15 years in the Utah State Prison and a fine. Forgery often entangles first time offenders who through effective attorney advocacy can avoid jail or prison.
Forgery and Criminal Restitution. Most criminal forgery convictions will include restitution as a part of any sentencing. Restitution is money you must pay the victim back in order to successfully complete all terms of your case. If you don’t successfully complete all probationary terms you will never be able to obtain a 402 reduction or an expungement. Often paying restitution off completely is a negotiated term of the plea agreement. If you agree to a large restitution amount which you can never pay off, your future chances of an expungement or a cleaner record are nearly zero.
See this deeper article on criminal restitution. https://provocriminaldefense.com/2021/03/01/utah-rule-402-reductions-how-does-it-work-what-are-the-limits/
Prosecutor has to Prove Intentionality or Knowingness. The required criminal mind that that the prosecutor must proof for a forgery conviction is that you (defendant) acted either knowingly or with an intent to defraud. You generally can’t accidentally commit a forgery. It must be knowing or intentional.
When the police are calling you or asking you to come to the police station for an interview, they have already done their homework. They are only calling you because they will be accusing you of forgery.
Your best bet is to hire a Utah criminal defense attorney to accompany you to the interview or not go at all. Generally you should not go to any police interview without an attorney.
Related Utah Criminal Offenses that Jake Gunter Handles:
Tampering with records. Wrongful liens. Bribery. Credit card fraud. Falsifying loan information. Deceptive business practices. Issuing a bad check. Stolen possession of stolen credit cards. Embezzlement. Insurance fraud. False insurance claims (https://provocriminaldefense.com/2020/10/01/insurance-fraud/).
Utah Code Ann. 76-6-501, Forgery and producing false identification – elements of offense – definitions
Utah Code Ann. 76-3-204, misdemeanor conviction – term of imprisonment
Utah Code Ann. 76-3-203, Felony conviction—indeterminate term of imprisonment
Utah Code Ann. 76-6-502Possession of forged writing or device for writing — Penalty.
Utah Code Ann. 76-6-503.5 Wrongful liens and fraudulent handling of recordable writings — Penalties.
Utah Code Ann. 76-6-503.7 Records filed with intent to harass or defraud.
Utah Code Ann. 76-6-504 Tampering with records — Penalty.
Utah Code Ann. 76-6-505 Issuing a bad check or draft — Presumption.
Utah Code Ann. 76-6-506 Financial transaction card offenses — Definitions.
Utah Code Ann. 76-6-506.2 Financial transaction card offenses — Unlawful use of card — False application for card.
Utah Code Ann. 76-6-506.3 Financial transaction card offenses — Unlawful acquisition, possession, or transfer of card.
Utah Code Ann. 76-6-506.5 Financial transaction card offenses — Classification — Multiple violations.
Utah Code Ann. 76-6-506.6 Financial transaction card offenses — Unauthorized factoring of credit card sales drafts.
Utah Code Ann. 76-6-506.7 Obtaining encoded information on a financial transaction card with the intent to defraud the issuer, holder, or merchant.
Utah Code Ann. 76-6-507 Deceptive business practices — Definitions — Defense.
CALL / TEXT UTAH CRIMINAL DEFENSE ATTORNEY JAKE GUNTER AT(801) 373-6345 for a free consultation. Having a skilled, experienced courtroom advocate on your side can make the difference.
Here is the full read of the Utah Forgery Statute:
Effective 5/10/2016
76-6-501. Forgery and producing false identification — Elements of offense — Definitions.
(1) As used in this part:
(a) “Authentication feature” means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified.
(b) “Document-making implement” means any implement, impression, template, computer file, computer disc, electronic device, computer hardware or software, or scanning, printing, or laminating equipment that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement.
(c) “False authentication feature” means an authentication feature that:
(i) is genuine in origin but that, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit;
(ii) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which the authentication feature is intended to be affixed or embedded by the issuing authority; or
(iii) appears to be genuine, but is not.
(d) “False identification document” means a document of a type intended or commonly accepted for the purposes of identification of individuals, and that:
(i) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit; and
(ii) appears to be issued by or under the authority of a governmental entity.
(e) “Governmental entity” means the United States government, a state, a political subdivision of a state, a foreign government, a political subdivision of a foreign government, an international governmental organization, or a quasi-governmental organization.
(f) “Identification document” means a document made or issued by or under the authority of a governmental entity, which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals.
(g) “Issuing authority” means:
(i) any governmental entity that is authorized to issue identification documents, means of identification, or authentication features; or
(ii) a business organization or financial institution or its agent that issues a financial transaction card as defined in Section 76-6-506.
(h) “Means of identification” means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including:
(i) name, social security number, date of birth, government issued driver license or identification number, alien registration number, government passport number, or employer or taxpayer identification number;
(ii) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation; or
(iii) unique electronic identification number, address, or routing code.
(i) “Personal identification card” means an identification document issued by a governmental entity solely for the purpose of identification of an individual.
(j) “Produce” includes altering, authenticating, or assembling.
(k) “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, possession, or territory of the United States.
(l) “Traffic” means to:
(i) transport, transfer, or otherwise dispose of an item to another, as consideration for anything of value; or
(ii) make or obtain control of with intent to transport, transfer, or otherwise dispose of an item to another.
(m) “Writing” includes printing, electronic storage or transmission, or any other method of recording valuable information including forms such as:
(i) checks, tokens, stamps, seals, credit cards, badges, trademarks, money, and any other symbols of value, right, privilege, or identification;
(ii) a security, revenue stamp, or any other instrument or writing issued by a government or any agency; or
(iii) 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 the person is facilitating a fraud to be perpetrated by anyone, the person:
(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) A person is guilty of producing or transferring any false identification document who:
(a) knowingly and without lawful authority produces, attempts, or conspires to produce an identification document, authentication feature, or a false identification document that is or appears to be issued by or under the authority of an issuing authority;
(b) transfers, or possesses with intent to transfer, an identification document, authentication feature, or a false identification document knowing that the document or feature was stolen or produced without lawful authority;
(c) produces, transfers, or possesses a document-making implement or authentication feature with the intent that the document-making implement or the authentication feature be used in the production of a false identification document or another document-making implement or authentication feature; or
(d) traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification.
(5) A person who violates:
(a) Subsection (2) is guilty of a third degree felony; and
(b) Subsection (4) is guilty of a second degree felony.
(6) This part may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation.
(7) The forfeiture of property under this part, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 24, Forfeiture and Disposition of Property Act.
(8) The court shall order, in addition to the penalty prescribed for any person convicted of a violation of this section, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, false transaction cards, document-making implements, or means of identification.
Amended by Chapter 117, 2016 General Session
