{"id":371787,"date":"2016-03-31T21:34:29","date_gmt":"2016-04-01T02:34:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/california-law\/california-forgery-and-counterfeiting-laws.html"},"modified":"2018-03-15T14:22:15","modified_gmt":"2018-03-15T19:22:15","slug":"california-forgery-and-counterfeiting-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/california-law\/california-forgery-and-counterfeiting-laws.html","title":{"rendered":"California Forgery and Counterfeiting Laws"},"content":{"rendered":"\n
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California Forgery and Counterfeiting Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\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

Forgery includes a number of activities related to the signing, altering, making, or using of a written instrument. The instrument may be handwritten, printed, typed, or otherwise recorded. For example, someone could commit forgery<\/a> by signing another person’s name to a document with legal effect, such as a check, will, or contract. Someone could also commit forgery by writing a new will and passing the document as the will of another person. According to California’s forgery and counterfeiting laws, the individual must have acted with an intent to defraud<\/a> the victim for personal or financial gain.<\/p>\n

See Selling Fakes on Online<\/a> for related information.<\/p>\n

Overview of California Forgery and Counterfeiting Laws<\/h2>\n

The following chart gives a look at the elements of forgery and counterfeiting, as well as the penalties for these crimes:<\/p>\n\n
Statutes<\/b><\/td>\nCalifornia Penal Code Sections 470-483.5<\/a><\/td>\n<\/tr>
Elements of Forgery<\/b><\/td>\n

In a case of forgery, a prosecutor must establish three elements by:<\/p>\n

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  • Identifying a written instrument;<\/li>\n
  • Showing that the defendant made the written instrument, materially altered an existing written instrument, or falsely signed a written instrument; and<\/li>\n
  • Proving that the defendant acted with an intent to defraud.<\/li>\n<\/ul>\n

    The defense to forgery or counterfeiting charges is found where the accused lacked intent to defraud.<\/p>\n<\/td>\n<\/tr>

Counterfeiting<\/b><\/td>\n

Counterfeiting describes the unlawful imitation or duplication of documents and other items with legal significance. Most commonly, counterfeiting refers to:<\/p>\n

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  • the imitation of paper money or coins, but the crime can also involve<\/li>\n
  • checks,<\/li>\n
  • tickets for public transit,<\/li>\n
  • sports trading cards, and<\/li>\n
  • a variety of other items.<\/li>\n<\/ul>\n

    As with forgery, the prosecutor must prove that defendant engaged in counterfeiting activities with an intent to defraud. In general, counterfeiting results in felony charges; however, California state law does permit a misdemeanor prosecution for the counterfeiting of specified items, such as transit tickets or sports trading cards.<\/p>\n<\/td>\n<\/tr>

Penalties<\/b><\/td>\n

The defendant’s punishment depends on whether the state charged the defendant with a misdemeanor or a felony.<\/p>\n