{"id":371326,"date":"2024-11-04T13:09:04","date_gmt":"2024-11-04T18:09:04","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/alabama-law\/alabama-fraud-and-forgery-crimes.html"},"modified":"2024-11-04T13:14:32","modified_gmt":"2024-11-04T18:14:32","slug":"alabama-fraud-and-forgery-crimes","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/alabama-law\/alabama-fraud-and-forgery-crimes.html","title":{"rendered":"Alabama Fraud and Forgery Crimes"},"content":{"rendered":"\n
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Alabama Fraud and Forgery Crimes<\/h1>\n
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\n By Samuel Strom, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Depending on the circumstances, committing fraud or forging a document in Alabama can result in years in prison and thousands of dollars in fines. In some cases, a person convicted of fraud or forgery could face mandatory minimum prison sentences. <\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Fraud and forgery are closely related, but they are different crimes with different elements. Fraud generally involves intentional deception to gain something of value. Often, people use misrepresentation or false statements to commit fraud against another person, business, or the government.<\/p>\r\n

To commit the crime of forgery, a person must intend to defraud and then take a step to make, complete, or alter something that purports to be something it\u2019s not. For example, a person who alters an existing contract that affects a party\u2019s legal rights commits forgery.<\/p>\r\n

This article summarizes Alabama\u2019s laws regarding fraud and forgery crimes. For more general information, read Everything You Need To Know About Fraud Crimes and Fraud Law<\/a>.<\/p>\r\n

Classifying Fraud Crimes in Alabama<\/h2>\r\n

The state of Alabama classifies several different types of fraudulent practices, such as business fraud and public assistance fraud. It also has laws penalizing specific types of fraud, such as when someone uses another person\u2019s credit or debit card.<\/p>\r\n

Alabama law also separates forgery crimes into four different degrees. Forgery in the first degree is a Class B felony, and forgery in the fourth degree is a Class A misdemeanor.<\/p>\r\n

A Class B felony carries a mandatory minimum prison sentence of two years (up to 20 years); a Class A misdemeanor carries up to a year in county jail. As you can see, the charges you face could significantly affect potential jail time.<\/p>\r\n

Alabama Fraud and Forgery Crimes: Overview<\/b><\/h2>\r\n

The table below summarizes Alabama’s criminal statutes regarding fraud and forgery.<\/p>\r\n\r\n

Code Sections<\/b><\/p>\r\n<\/th>\r\n

Code of Alabama Title 13A Criminal Code<\/a>, Chapter 9, Article 1 – Forgery and Related Offenses<\/p>\r\n

Definitions<\/b><\/p>\r\n<\/th>\r\n

A \u201cwritten instrument\u201d is any of the following:<\/p>\r\n

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  • A paper, document, or other instrument that contains written or printed matter, or its equivalent. (\u00a7 13A-9-1(1)(a))<\/li>\r\n
  • Any token, stamp, seal, badge, trademark, or other evidence or symbol of value, right, privilege, or identification that a person can use to the advantage or disadvantage of some person. (\u00a7 13A-9-1(1)(b))<\/li>\r\n<\/ul>\r\n

    A \u201ccomplete written instrument\u201d is a written instrument that purports to be a fully drawn, genuine written instrument with respect to each of its essential features. (\u00a7 13A-9-1(2))<\/p>\r\n

    An \u201cincomplete written instrument\u201d is a written instrument that contains some authenticated matter but requires additional matter to make it a complete written instrument. (\u00a7 13A-9-1(3))<\/p>\r\n

    To \u201cfalsely make\u201d a written instrument means a person makes or draws a complete written instrument in its entirety, or an incomplete written instrument that purports to be authentic from its ostensible maker, but is not authentic either because the ostensible maker is not real, or the ostensible maker is real but did not authorize the instrument\u2019s drawing or making. (\u00a7 13A-9-1(4))<\/p>\r\n

    To \u201cfalsely complete\u201d a written instrument means either of the following actions, such that the instrument falsely appears or purports to be an authentic creation of its ostensible maker and that they authorized it in all respects:<\/p>\r\n

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    • Transforming it by adding, inserting, or changing matter.<\/li>\r\n
    • Transforming an incomplete written instrument into a complete one without the authority to do so. (\u00a7 13A-9-1(5))<\/li>\r\n<\/ul>\r\n

      To \u201cfalsely alter\u201d a written instrument means making a change to a written instrument in any of the following manners so that it falsely appears or purposes to be an authentic and authorized creation of the ostensible maker (\u00a7 13A-9-1(6)):<\/p>\r\n

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      • Erasure<\/li>\r\n
      • Obliteration<\/li>\r\n
      • Deletion<\/li>\r\n
      • Addition<\/li>\r\n
      • Transportation<\/li>\r\n
      • Any other manner<\/li>\r\n<\/ul>\r\n

        A \u201cforged instrument\u201d is a written instrument someone falsely made, completed, or altered. (\u00a7 13A-9-1(7))<\/p>\r\n

        A person has an \u201cintent to defraud\u201d when they have a purpose to use deception (as defined in \u00a7 13A-8-1(1)) or injure another person\u2019s interest that has value. (\u00a7 13A-9-1(8))<\/p>\r\n<\/td>\r\n<\/tr>

Forgery in the first degree<\/b><\/p>\r\n<\/th>\r\n

A person commits the crime of forgery in the first degree<\/a> if they have the intent to defraud and falsely make, complete, or alter a written instrument that they purport to be, is calculated to become, or to represent if completed, the following:<\/p>\r\n

Forgery in the second degree<\/b><\/p>\r\n<\/th>\r\n

A person commits second-degree forgery<\/a> if they have the intent to defraud and falsely makes, complete, or alter a written instrument that they purport to be, is calculated to become, or to represent if completed the following:<\/p>\r\n

Forgery in the third degree<\/b><\/p>\r\n<\/th>\r\n

A person commits the crime of forgery in the third degree<\/a> if they have the intent to defraud and they falsely make, complete, or alter a written instrument that purports to be, is calculated to become, or represents the following:<\/p>\r\n

Forgery in the fourth degree<\/b><\/p>\r\n<\/th>\r\n

A person who falsely makes, completes, or alters a written instrument with the intent to defraud commits the crime of forgery in the fourth degree<\/a>. (\u00a7 13A-9-4(a))<\/p>\r\n

Fourth-degree forgery is a Class A misdemeanor. (\u00a7 13A-9-4(b))<\/p>\r\n<\/td>\r\n<\/tr>

Illegal possession or fraudulent use of credit card or debit card<\/b><\/p>\r\n<\/th>\r\n

Alabama has two criminal statutes related to credit card fraud<\/a>.<\/p>\r\n

A person who takes, exercises control over, or otherwise uses another person\u2019s credit or debit card with the owner\u2019s consent commits the crime of illegal possession of a credit or debit card. (\u00a7 13A-9-14(a))<\/p>\r\n

A person who uses, attempts to use, or allows someone else to use a credit or debit card to buy something of value with knowledge of any of the following commits the crime of fraudulent use of a credit or debit card:<\/p>\r\n

Fraudulent sale or lease of residential property<\/b><\/p>\r\n<\/th>\r\n

A person who does either of the following commits the crime of fraudulent sale or lease of residential property:<\/p>\r\n

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  • Lists or advertises residential real property for sale, knowing they don\u2019t have legal title or authority to sell it. (\u00a7 13A-9-22(a)(1))<\/li>\r\n
  • Rents or leases residential real property knowing that they or the purported lessor does not have legal ownership or authority to lease the property. (\u00a7 13A-9-22(a)(2))<\/li>\r\n<\/ul>\r\n

    The fraudulent sale or lease of residential property is a Class A misdemeanor. (\u00a7 13A-9-22(b))<\/p>\r\n<\/td>\r\n<\/tr>

Related statutes<\/b><\/p>\r\n<\/th>\r\n