Offenses Involving Fraud or Deception
Forgery in the first degree
Notes of Decisions
Under former similar statute (ORS 165.115)
Where publishing of two checks was single transaction, imposition of two separate sentences on conviction of two counts of uttering was improper. State v. Welch, 264 Or 388, 505 P2d 910 (1973)
In general
The existence of a statute prohibiting unlawful use of a credit card, ORS 165.055, did not preclude the state from prosecuting the defendant under this section for uttering a forged credit sales slip. State v. Franke, 13 Or App 278, 508 P2d 454 (1973), Sup Ct review denied
Because the delivery of two forged deeds simultaneously to the clerk for recording was a single transaction, the imposition of more than one sentence on conviction was improper. State v. Jackson, 23 Or App 246, 541 P2d 1072 (1975)
An unendorsed bank check can be a “commercial instrument” within the meaning of this section. State v. Riley, 24 Or App 665, 546 P2d 1097 (1976)
Where defendant was convicted of issuing false checks on two occasions four days apart, imposition of separate sentence for each conviction was not improper. State v. Nettles, 31 Or App 579, 571 P2d 155 (1977)
Letter, making reference to enclosed savings passbook, which requested bank to withdraw amount from savings account, fell within class of instruments whose uttering constituted forgery in first degree under this section. State v. Jackson, 35 Or App 741, 582 P2d 837 (1978), Sup Ct review denied
Where defendant, bookkeeper of endorser, altered endorsement on check to change it from restrictive endorsement to special endorsement and signed her name as endorser, instrument falsely appeared or purported to be authentic creation of its ostensible maker or authorized by the maker and conviction of forgery under this section was proper. State v. Hamilton, 291 Or 283, 634 P2d 208 (1981)
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)
Even though not convicted, finding that accused committed crimes of forgery, unsworn falsification and bigamy was sufficient to disbar attorney. In re Kirkman, 313 Or 181, 830 P2d 206 (1992)
“Other valuable instruments” means items having inherent pecuniary value and of type issued in large or discrete series. State v. Tarrence, 161 Or App 583, 985 P2d 225 (1999)
Government checks for less than $750 are treated identically to private checks, not as “valuable instruments” issued by government. State v. Tarrence, 161 Or App 583, 985 P2d 225 (1999)
“Other document” that does or may evidence, create, transfer, alter, terminate or otherwise affect legal right, interest, obligation or status refers to document other than commercial instrument. State v. Mayorga, 186 Or App 175, 62 P3d 818 (2003)
Crime of criminal possession of a forged instrument merges with crime of forgery in the first degree. State v. Blake, 348 Or 95, 228 P3d 560 (2010)
ATTY. GEN. OPINIONS
In general
Unauthorized manufacture, sale or use of commercial motor vehicle safety inspection decals as forgery, (1981) Vol 42, p 87