Forgery is a type of fraud crime that often involves the creation of false documents or the alteration of otherwise legally valid documents. Generally speaking, the creation or alteration of a document, does not qualify as forgery in and of itself. Under Illinois law, the offender must showcase an intent to commit fraud to face criminal charges for forgery.
How Does Illinois Define Forgery?
The Illinois laws against forgery appear under 720 ILCS 5/17-3. There are several versions of forgery under this section. But in each case, the offender must act with knowledge and demonstrate an intent to defraud.
Several versions of forgery involve “false documents.” In this context, a false document refers to a document that contains materially false contents or misrepresents itself to be a validly issued document. False documents can include Universal Price Code Labels, coins, and academic degrees.
More specifically, it qualifies as forgery when a person knowingly and with the intent to defraud:
- Makes a false document or alters any document to make it false;
- Issues or delivers a false document, knowing the document to be falsely made or altered; or
- Possesses a false document with intent to issue or deliver, knowing the document to be falsely made or altered.
Furthermore, forgery crimes can involve digital or electronic signatures. The unlawful use of another person’s digital signature, as defined under the Financial Institutions Electronic Documents and Digital Signature Act, can qualify as forgery. Similarly, the unlawful creation of another person’s electronic signature, as defined under the Uniform Electronic Transactions Act, can result in forgery charges as well.
What is the Illinois Punishment for Forgery?
Section 17-3 also establishes the Illinois punishment for forgery. In most cases, Illinois classifies forgery as a Class 3 felony. The Illinois punishment for a Class 3 felony can include a prison sentence between two and five years as well as criminal fines up to $25,000.
On the other hand, forgery can lead to slightly lower penalties. If a person forges a single Universal Price Code Label, it is a Class 4 felony. The Illinois punishment for a Class 3 felony can include a prison sentence between one and three years as well as criminal fines up to $25,000.
Finally, forgery can result in Class A misdemeanor charges. But the misdemeanor version of this offense only applies to the forgery of academic degrees or coins. The Illinois punishment for a Class A misdemeanor can include a maximum jail sentence of 12 months and criminal fines up to $2,500.
In terms of forging academic degrees, there is an exception. It does not qualify as forgery if the false degree contains an explicit statement that it exists for “novelty purposes only.”