Utah Affidavit of Forgery

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Multi-State
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US-00419BG
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Description

"Forgery" may be defined as the false making or material alteration of a writing with intent to defraud. An essential element of the crime of forgery is making the false writing. An "Affidavit of Forgery" is a notarized sworn statement attesting that the signature which appears on the questioned document is indeed a forgery, and not authorized by the account holder. This type of affidavit may be made for the purpose of having a Bank reimburse its customer for honoring a forged check, or for the purpose of assisting law enforcement in the investigation and prosecution of the forger.
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FAQ

76-6-501 (2021). The felony forgery statute is written very broadly to criminals not just the classical forging of another's signature, but creating and using false identifications or false property deeds.

Criminal charges for issuing a bad check can be found under Utah Code § 76-5-505. Under the law, anyone who issues a check knowing that there is no money to back it up and the person drawing on the check will not be paid may be criminally charged.

Title 76 Chapter 6 Part 5. Definitions -- Forgery. Producing or transferring false identification. Possession of forged writing or device for a forgery writing.

PC 476 check fraud primarily deals with making, passing, or attempting to pass, , fictitious, or altered checks with intent to defraud somebody out of money or property. Penal Code 476a, primarily deals with real checks you pass, or attempt to pass, with insufficient funds.

Writing a bad check is a crime if the check writer knew that there were insufficient funds to cover the check and intended to defraud you. It is also a crime to forge a check or write a check.

Forgery is a third degree felony, which is punishable by a prison sentence of 0-5 years in the Utah State Penitentiary and a fine of $5,000.

(a) An actor commits theft by deception if the actor obtains or exercises control over property of another person: (i) by deception; and (ii) with a purpose to deprive the other person of property.

As defined under California Penal Code Section 476a, writing a check while knowing that funds are insufficient can be charged as a misdemeanor offense that can result in sentence of up to one year in county jail.

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Utah Affidavit of Forgery