NEW YORK STATE LAWS: FORGERY OFFENSES

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FORGERY AND RELATED OFFENSES
Section 170.00 Forgery;  definitions of terms -Suffolk County 

 1. "Written instrument" means any instrument or article, including computer data or a computer program, containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information, or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.

 2. "Complete written instrument" means one which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof.  An endorsement, attestation, acknowledgment or other similar signature or statement is deemed both a complete written instrument in itself and a part of the main instrument in which it is contained or to which it attaches.

 3. "Incomplete written instrument" means one which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument.

 4. "Falsely make."  A person "falsely makes" a written instrument when he makes or draws a complete written instrument in its entirety, or an incomplete written instrument, which purports to be an authentic creation of its ostensible maker or drawer, but which is not such either because the ostensible maker or drawer is fictitious or because, if real, he did not authorize the making or drawing thereof.

 5. "Falsely complete."  A person "falsely completes" a written instrument when, by adding, inserting or changing matter, he transforms an incomplete written instrument into a complete one, without the authority of anyone entitled to grant it, so that such complete instrument appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer.

 6. "Falsely alter."  A person "falsely alters" a written instrument when, without the authority of anyone entitled to grant it, he changes a written instrument, whether it be in complete or incomplete form, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner, so that such instrument in its thus altered form appears or purports to be in all respects an authentic creation of or fully authorized by its ostensible maker or drawer.

 7. "Forged instrument" means a written instrument which has been falsely made, completed or altered.

 8. "Electronic access device" means a mobile identification number or electronic serial number that can be used to obtain telephone service.
 

Section 170.05 Forgery in the third degree -Suffolk County 

 A person is guilty of forgery in the third degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument.

 Forgery in the third degree is a class A misdemeanor.
 

Section 170.10 Forgery in the second degree -Suffolk County 

 A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:

  1. A deed, will, codicil, contract, assignment, commercial instrument, credit card, as that term is defined in subdivision seven of section 155.00, or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status;  or

  2. A public record, or an instrument filed or required or authorized by law to be filed in or with a public office or public servant;  or

  3. A written instrument officially issued or created by a public office, public servant or governmental instrumentality;  or

  4. Part of an issue of tokens, public transportation transfers, certificates or other articles manufactured and designed for use as symbols of value usable in place of money for the purchase of property or services;  or

  5. A prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law.

 Forgery in the second degree is a class D felony.
 

Section 170.15 Forgery in the first degree -Suffolk County 

 A person is guilty of forgery in the first degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:

  1. Part of an issue of money, stamps, securities or other valuable instruments issued by a government or governmental instrumentality;  or

  2. Part of an issue of stock, bonds or other instruments representing interests in or claims against a corporate or other organization or its  property.

 Forgery in the first degree is a class C felony.
 

Section 170.20 Criminal possession of a forged instrument in the third degree -Suffolk County 

 A person is guilty of criminal possession of a forged instrument in the third degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses a forged instrument.

 Criminal possession of a forged instrument in the third degree is a class A misdemeanor.
 

Section 170.25 Criminal possession of a forged instrument in the second degree -Suffolk County 

 A person is guilty of criminal possession of a forged instrument in the second degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in section 170.10.

 Criminal possession of a forged instrument in the second degree is a class D felony.
 
 

Section 170.27 Criminal possession of a forged instrument in the second degree;  presumption -Suffolk County 

 A person who possesses two or more forged instruments, each of which purports to be a credit card or debit card, as those terms are defined in subdivisions seven and seven-a of section 155.00, is presumed to possess the same with knowledge that they are forged and with intent to defraud, deceive or injure another.
 

Section 170.30 Criminal possession of a forged instrument in the first degree -Suffolk County 

 A person is guilty of criminal possession of a forged instrument in the first degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in section 170.15.

 Criminal possession of a forged instrument in the first degree is a class C felony.
 

Section 170.35 Criminal possession of a forged instrument;  no defense -Suffolk County 

 In any prosecution for criminal possession of a forged instrument, it is no defense that the defendant forged or participated in the forgery of the instrument in issue;  provided that a person may not be convicted of both criminal possession of a forged instrument and forgery with respect to the same instrument.
 

Section 170.40 Criminal possession of forgery devices -Suffolk County 

 A person is guilty of criminal possession of forgery devices when:

  1. He makes or possesses with knowledge of its character any plate, die or other device, apparatus, equipment, or article specifically designed for use in counterfeiting or otherwise forging written instruments;  or

  2. With intent to use, or to aid or permit another to use, the same for purposes of forgery, he makes or possesses any device, apparatus, equipment or article capable of or adaptable to such use.

 Criminal possession of forgery devices is a class D felony.
 

Section 170.45 Criminal simulation -Suffolk County 

 A person is guilty of criminal simulation when:

  1. With intent to defraud, he makes or alters any object in such manner that it appears to have an antiquity, rarity, source or authorship which it does not in fact possess;  or

  2. With knowledge of its true character and with intent to defraud, he utters or possesses an object so simulated.

 Criminal simulation is a class A misdemeanor.
 

Section 170.47 Criminal possession of an anti-security item -Suffolk County 

 A person is guilty of criminal possession of an anti-security item, when with intent to steal property at a retail mercantile establishment as defined in article twelve-B of the general business law, he knowingly possesses in such an establishment an item designed for the purpose of overcoming detection of security markings or attachments placed on property offered for sale at such an establishment.

 Criminal possession of an anti-security item is a class B misdemeanor.
 

Section 170.50 Unlawfully using slugs;  definitions of terms -Suffolk County 

 The following definitions are applicable to sections 170.55 and 170.60:

 1. "Coin machine" means a coin box, turnstile, vending machine or other mechanical or electronic device or receptacle designed (a) to receive a coin or bill or a token made for the purpose, and (b) in return for the insertion or deposit thereof, automatically to offer, to provide, to assist in providing or to permit the acquisition of some property or some service.

 2. "Slug" means an object or article which, by virtue of its size, shape or any other quality, is capable of being inserted or deposited in a coin machine as an improper substitute for a genuine coin, bill or token.

 3. "Value" of a slug means the value of the coin, bill or token for which it is capable of being substituted.
 

Section 170.55 Unlawfully using slugs in the second degree -Suffolk County 

 A person is guilty of unlawfully using slugs in the second degree when:

  1. With intent to defraud the owner of a coin machine, he inserts or deposits a slug in such machine;  or

  2. He makes, possesses or disposes of a slug with intent to enable a person to insert or deposit it in a coin machine.

 Unlawfully using slugs in the second degree is a class B misdemeanor.
 

Section 170.60 Unlawfully using slugs in the first degree -Suffolk County 

 A person is guilty of unlawfully using slugs in the first degree when he makes, possesses or disposes of slugs with intent to enable a person to insert or deposit them in a coin machine, and the value of such slugs exceeds one hundred dollars.

 Unlawfully using slugs in the first degree is a class E felony.
 

Section 170.65 Forgery of a vehicle identification number -Suffolk County 

 A person is guilty of forgery of a vehicle identification number when:

 (1) He knowingly destroys, covers, defaces, alters or otherwise changes the form or appearance of a vehicle identification number on any vehicle or component part thereof, except tires;  or

 (2) He removes any such number from a vehicle or component part thereof, except as required by the provisions of the vehicle and traffic law;  or

 (3) He affixes a vehicle identification number to a vehicle, except in accordance with the provisions of the vehicle and traffic law.

 Forgery of a vehicle identification number is a class E felony.
 

Section 170.70 Illegal possession of a vehicle identification number -Suffolk County 

 A person is guilty of illegal possession of a vehicle identification number when:

 (1) He knowingly possesses a vehicle identification number label, sticker or plate which has been removed from the vehicle or vehicle part to which such label, sticker or plate was affixed by the manufacturer in accordance with 49 U.S.C. section 32101, et seq. and regulations promulgated thereunder or in accordance with the provisions of the vehicle and traffic law;  or

 (2) He knowingly possesses a vehicle or vehicle part to which is attached a vehicle identification number label, sticker or plate or on which is stamped or embossed a vehicle identification number which has been destroyed, covered, defaced, altered or otherwise changed, or a vehicle or vehicle part from which a vehicle identification number label, sticker or plate has been removed, which label, sticker or plate was affixed in accordance with 49 U.S.C. section 32101, et seq. or regulations promulgated thereunder, except when he has complied with the provisions of the vehicle and traffic law and regulations promulgated thereunder;  or

 (3) He knowingly possesses a vehicle, or part of a vehicle to which by law or regulation must be attached a vehicle identification number, either (a) with a vehicle identification number label, sticker, or plate which was not affixed by the manufacturer in accordance with 49 U.S.C. section 32101, et seq. or regulations promulgated thereunder, or in accordance with the provisions of the vehicle and traffic law or regulations promulgated thereunder, or (b) on which is affixed, stamped or embossed a vehicle identification number which was not affixed, stamped or embossed by the manufacturer, or in accordance with 49 U.S.C. section 32101, et seq. or regulations promulgated thereunder or in accordance with the provisions of the vehicle and traffic law or regulations promulgated thereunder.

 Illegal possession of a vehicle identification number is a class E felony.
 

Section 170.71 Illegal possession of a vehicle identification number;  presumptions -Suffolk County 

 (1) A person is presumed to knowingly possess a vehicle or vehicle part in violation of subdivision two of section 170.70, when he possesses any combination of five such whole vehicles or individual vehicle parts, none of which are attached to or contained in the same vehicle.

 (2) A person is presumed to knowingly possess a vehicle or vehicle part in violation of subdivision three of section 170.70, when he possesses any combination of five such whole vehicles or individual vehicle parts, none of which are attached to or contained in the same vehicle.
 

Section 170.75 Fraudulent making of an electronic access device in the second degree -Suffolk County 

 A person is guilty of fraudulent making of an electronic access device in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters two or more electronic access devices, as that term is defined in subdivision eight of section 170.00 of this article.

 Fraudulent making of an electronic access device in the second degree is a class D felony.

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