2006 Ohio Revised Code - 2913.31. Forgery; identification card offenses.

§ 2913.31. Forgery; identification card offenses.
 

(A)  No person, with purpose to defraud, or knowing that the person is facilitating a fraud, shall do any of the following: 

(1) Forge any writing of another without the other person's authority; 

(2) Forge any writing so that it purports to be genuine when it actually is spurious, or to be the act of another who did not authorize that act, or to have been executed at a time or place or with terms different from what in fact was the case, or to be a copy of an original when no such original existed; 

(3) Utter, or possess with purpose to utter, any writing that the person knows to have been forged. 

(B)  No person shall knowingly do either of the following: 

(1) Forge an identification card; 

(2) Sell or otherwise distribute a card that purports to be an identification card, knowing it to have been forged. 

As used in this division, "identification card" means a card that includes personal information or characteristics of an individual, a purpose of which is to establish the identity of the bearer described on the card, whether the words "identity," "identification," "identification card," or other similar words appear on the card. 

(C) (1) (a)  Whoever violates division (A) of this section is guilty of forgery. 

(b) Except as otherwise provided in this division or division (C)(1)(c) of this section, forgery is a felony of the fifth degree. If property or services are involved in the offense or the victim suffers a loss, forgery is one of the following: 

(i) If the value of the property or services or the loss to the victim is five thousand dollars or more and is less than one hundred thousand dollars, a felony of the fourth degree; 

(ii) If the value of the property or services or the loss to the victim is one hundred thousand dollars or more, a felony of the third degree. 

(c) If the victim of the offense is an elderly person or disabled adult, division (C)(1)(c) of this section applies to the forgery. Except as otherwise provided in division (C)(1)(c) of this section, forgery is a felony of the fifth degree. If property or services are involved in the offense or if the victim suffers a loss, forgery is one of the following: 

(i) If the value of the property or services or the loss to the victim is five hundred dollars or more and is less than five thousand dollars, a felony of the fourth degree; 

(ii) If the value of the property or services or the loss to the victim is five thousand dollars or more and is less than twenty-five thousand dollars, a felony of the third degree; 

(iii) If the value of the property or services or the loss to the victim is twenty-five thousand dollars or more, a felony of the second degree. 

(2) Whoever violates division (B) of this section is guilty of forging identification cards or selling or distributing forged identification cards. Except as otherwise provided in this division, forging identification cards or selling or distributing forged identification cards is a misdemeanor of the first degree. If the offender previously has been convicted of a violation of division (B) of this section, forging identification cards or selling or distributing forged identification cards is a misdemeanor of the first degree and, in addition, the court shall impose upon the offender a fine of not less than two hundred fifty dollars. 
 

HISTORY: 134 v H 511 (Eff 1-1-74); 144 v H 162 (Eff 11-11-91); 146 v S 2 (Eff 7-1-96); 148 v H 2. Eff 11-10-99.

 

19xx Committee Report or Comment.

1974 Committee Comment to H 511

This section consolidates a number of former sections dealing with forgery of various types, and also expands upon the crime as defined in the former law. The definition of "writing" contained in new section 2913.01 of the Revised Code includes not only legal and commercial documents traditionally covered by forgery statutes, but also private, non-commercial documents not formerly covered. The purpose of prohibiting forgery is to ensure accurate and authentic documents, and this change in the law offers such protection to persons who rely upon private records such as accounts and letters. The subject of a forgery under the new section may also include any symbol of value, right, privilege, license, or identification produced by any means, such as credit cards, ID cards, trademarks, and others. Also, the definition of "forge" in new section 2913.01 comprehends all forms of falsification purporting to authenticate a writing. 

Forgery is a felony of the fourth degree.