Offenses Involving Fraud or Deception

ORS 165.007
Forgery in the second degree


(1)

A person commits the crime of forgery in the second degree if, with intent to injure or defraud, the person:

(a)

Falsely makes, completes or alters a written instrument; or

(b)

Utters a written instrument which the person knows to be forged.

(2)

Forgery in the second degree is a Class A misdemeanor. [1971 c.743 §152]

Notes of Decisions

Evidence supported inference that defendant changed name with "intent to injure or defraud" where name change duplicated that used by another in connection with property interests subject to pending suit. State v. Belva Ray, 36 Or App 367, 584 P2d 362 (1978), Sup Ct review denied

Where trial judge found that defendant was "practically certain" that currency defendant passed was counterfeit, court applied correct legal test for element of knowledge required for crime of forgery. State v. Weissenfluh, 52 Or App 61, 627 P2d 517 (1981), Sup Ct review denied

Evidence was sufficient for trial court to conclude that defendant was aware $100 bill was counterfeit and that defendant had generalized intent to defraud. State v. Weissenfluh, 52 Or App 61, 627 P2d 517 (1981), Sup Ct review denied

Where defendant signed his own name to stolen traveler's check, he did not falsely make or complete written instrument purporting to be authentic creation of ostensible maker or authorized by ostensible maker and did not commit forgery. State v. Blake, 93 Or App 128, 760 P2d 1369 (1988)

Defendant charged with two counts of forgery under this section for (1) falsely making and completing check and (2) uttering same check, should have received only one conviction and sentence. State v. Kizer, 308 Or 238, 779 P2d 604 (1989)

Atty. Gen. Opinions

Unauthorized manufacture, sale or use of commercial motor vehicle safety inspection decals as forgery, (1981) Vol 42, p 87

Chapter 165

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021