Alabama Fraud and Forgery Crimes

Code of Alabama Title 13A Criminal Code, Chapter 9, Article 1 - Forgery and Related Offenses

• Ala. Code § 13A-9-1: Definitions
• Ala. Code §§ 13A-9-2 through 13A-9-4: Forgery
• Ala. Code §§ 13A-9-5 through 13A-9-7: Criminal Possession of Forged Instrument
• Ala. Code §§ 13A-9-13.1 through 13A-9-13.3: Negotiating Worthless Negotiable Instrument
• Ala. Code § 13A-9-14: Illegal Possession or Fraudulent Use of Credit Card or Debit Card
• Ala. Code § 13A-9-22: Fraudulent Sale or Lease of Residential Property

A “written instrument” is any of the following:

• A paper, document, or other instrument that contains written or printed matter, or its equivalent. (§ 13A-9-1(1)(a))
• 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. (§ 13A-9-1(1)(b))

A “complete written instrument” is a written instrument that purports to be a fully drawn, genuine written instrument with respect to each of its essential features. (§ 13A-9-1(2))

An “incomplete written instrument” is a written instrument that contains some authenticated matter but requires additional matter to make it a complete written instrument. (§ 13A-9-1(3))

To “falsely make” 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’s drawing or making. (§ 13A-9-1(4))

To “falsely complete” 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:

• Transforming it by adding, inserting, or changing matter.
• Transforming an incomplete written instrument into a complete one without the authority to do so. (§ 13A-9-1(5))

To “falsely alter” 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 (§ 13A-9-1(6)):

• Erasure
• Obliteration
• Deletion
• Addition
• Transportation
• Any other manner

A “forged instrument” is a written instrument someone falsely made, completed, or altered. (§ 13A-9-1(7))

A person has an “intent to defraud” when they have a purpose to use deception (as defined in § 13A-8-1(1)) or injure another person’s interest that has value. (§ 13A-9-1(8))

A person commits the crime of forgery in the first degree 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:

• Part of an issue or series of stamps, securities, or other valuable instruments that a government or governmental agency issues. (§ 13A-9-2(a)(1))
• Part of an issue or series of stock, bonds, or other instruments representing interests in or claims against a business enterprise or its property. (§ 13A-9-2(a)(2))

Forgery in the first degree is a Class B felony. (§ 13A-9-2(b))

A person commits second-degree forgery 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:

• A deed, will, codicil, or contract that does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status. (§ 13A-9-3(a)(1))
• A public record or other instrument that one must file in a public office or with a public employer. (§ 13A-9-3(a)(2))
• A written instrument that a public office, public employee, or government agency issued or created. (§ 13A-9-3(a)(3))

Forgery in the second degree is a Class C felony. (§ 13A-9-3(b))

A person commits the crime of forgery in the third degree 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:

• An assignment
• A check
• A draft
• A note
• Any other commercial instrument that does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status. (§ 13A-9-3.1(a)(1))

Forgery in the third degree is a Class D felony. (§ 13A-9-3.1(b))

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. (§ 13A-9-4(a))

Fourth-degree forgery is a Class A misdemeanor. (§ 13A-9-4(b))

Alabama has two criminal statutes related to credit card fraud.

A person who takes, exercises control over, or otherwise uses another person’s credit or debit card with the owner’s consent commits the crime of illegal possession of a credit or debit card. (§ 13A-9-14(a))

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:

• The card is stolen. (§ 13A-9-14(b)(1))
• The card is revoked or canceled. (§ 13A-9-14(b)(2))
• The issuer or owner has otherwise unauthorized the use of the card. An issuee who uses an expired credit card or debit card does not fall within the provisions of this subdivision. (§ 13A-9-14(b)(3))

Illegal possession of or fraudulent use of a credit or debit card is a Class D felony. (§ 13A-9-14(e))

A person who does either of the following commits the crime of fraudulent sale or lease of residential property:

• Lists or advertises residential real property for sale, knowing they don’t have legal title or authority to sell it. (§ 13A-9-22(a)(1))
• Rents or leases residential real property knowing that they or the purported lessor does not have legal ownership or authority to lease the property. (§ 13A-9-22(a)(2))

The fraudulent sale or lease of residential property is a Class A misdemeanor. (§ 13A-9-22(b))

• Business Fraud: § 13A-9-40 et seq.
• Charitable Fraud: § 13A-9-70 et seq.
• Illegal Possession of Food Stamps: § 13A-9-90 et seq.
• Home Repair Fraud: § 13A-9-110 et seq.
• Residential Mortgage Fraud: § 13A-9-130
• Public Assistance Fraud: § 13A-9-150