Massachusetts Jury Instruction - Counterfeit - Possession with Intent to Defraud
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FAQ
Under common law, uttering is when a person offers as genuine a forged instrument with the intent to defraud.
District Court jurisdiction over uttering offenses. General Laws c. 267, § 5 is a 10-year felony that punishes anyone who ?with intent to injure or defraud, utters and publishes as true a false, forged or altered record, deed, instrument or other writing mentioned in [G.L. c.
Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).
Uttering is a crime that involves the act of passing or using a forged document, like uttering a forged check. The crimes of uttering and forgery are closely related and we often see them both charged in the same complaint or indictment.
Uttering is passing that document to someone with the intent to defraud. So, if you made a counterfeit $100 bill, that would be forgery. If you gave that counterfeit bill to a convenience store in exchange for groceries, that would be uttering.
Uttering is a crime involving a person with the intent to defraud that knowingly sells, publishes or passes a forged or counterfeited document. More specifically, forgery creates a falsified document and uttering is the act of knowingly passing on or using the forged document.
A conviction on forgery in Massachusetts can result in punishment of imprisonment in the state prison for up to ten years or a jail or house of correction sentence of up to two years.
