2009 California Penal Code - Section 470-483.5 :: Chapter 4. Forgery And Counterfeiting

PENAL CODE
SECTION 470-483.5

470.  (a) Every person who, with the intent to defraud, knowing that
he or she has no authority to do so, signs the name of another
person or of a fictitious person to any of the items listed in
subdivision (d) is guilty of forgery.
   (b) Every person who, with the intent to defraud, counterfeits or
forges the seal or handwriting of another is guilty of forgery.
   (c) Every person who, with the intent to defraud, alters,
corrupts, or falsifies any record of any will, codicil, conveyance,
or other instrument, the record of which is by law evidence, or any
record of any judgment of a court or the return of any officer to any
process of any court, is guilty of forgery.
   (d) Every person who, with the intent to defraud, falsely makes,
alters, forges, or counterfeits, utters, publishes, passes or
attempts or offers to pass, as true and genuine, any of the following
items, knowing the same to be false, altered, forged, or
counterfeited, is guilty of forgery: any check, bond, bank bill, or
note, cashier's check, traveler's check, money order, post note,
draft, any controller's warrant for the payment of money at the
treasury, county order or warrant, or request for the payment of
money, receipt for money or goods, bill of exchange, promissory note,
order, or any assignment of any bond, writing obligatory, or other
contract for money or other property, contract, due bill for payment
of money or property, receipt for money or property, passage ticket,
lottery ticket or share purporting to be issued under the California
State Lottery Act of 1984, trading stamp, power of attorney,
certificate of ownership or other document evidencing ownership of a
vehicle or undocumented vessel, or any certificate of any share,
right, or interest in the stock of any corporation or association, or
the delivery of goods or chattels of any kind, or for the delivery
of any instrument of writing, or acquittance, release or discharge of
any debt, account, suit, action, demand, or any other thing, real or
personal, or any transfer or assurance of money, certificate of
shares of stock, goods, chattels, or other property whatever, or any
letter of attorney, or other power to receive money, or to receive or
transfer certificates of shares of stock or annuities, or to let,
lease, dispose of, alien, or convey any goods, chattels, lands, or
tenements, or other estate, real or personal, or falsifies the
acknowledgment of any notary public, or any notary public who issues
an acknowledgment knowing it to be false; or any matter described in
subdivision (b).
   (e) Upon a trial for forging any bill or note purporting to be the
bill or note of an incorporated company or bank, or for passing, or
attempting to pass, or having in possession with intent to pass, any
forged bill or note, it is not necessary to prove the incorporation
of the bank or company by the charter or act of incorporation, but it
may be proved by general reputation; and persons of skill are
competent witnesses to prove that the bill or note is forged or
counterfeited.

470a.  Every person who alters, falsifies, forges, duplicates or in
any manner reproduces or counterfeits any driver's license or
identification card issued by a governmental agency with the intent
that such driver's license or identification card be used to
facilitate the commission of any forgery, is punishable by
imprisonment in the state prison, or by imprisonment in the county
jail for not more than one year.

470b.  Every person who displays or causes or permits to be
displayed or has in his possession any driver's license or
identification card of the type enumerated in Section 470a with the
intent that such driver's license or identification card be used to
facilitate the commission of any forgery, is punishable by
imprisonment in the state prison, or by imprisonment in the county
jail for not more than one year.

471.  Every person who, with intent to defraud another, makes,
forges, or alters any entry in any book of records, or any instrument
purporting to be any record or return specified in Section 470, is
guilty of forgery.

471.5.  Any person who alters or modifies the medical record of any
person, with fraudulent intent, or who, with fraudulent intent,
creates any false medical record, is guilty of a misdemeanor.

472.  Every person who, with intent to defraud another, forges, or
counterfeits the seal of this State, the seal of any public officer
authorized by law, the seal of any Court of record, or the seal of
any corporation, or any other public seal authorized or recognized by
the laws of this State, or of any other State, Government, or
country, or who falsely makes, forges, or counterfeits any impression
purporting to be an impression of any such seal, or who has in his
possession any such counterfeited seal or impression thereof, knowing
it to be counterfeited, and willfully conceals the same, is guilty
of forgery.

473.  Forgery is punishable by imprisonment in the state prison, or
by imprisonment in the county jail for not more than one year.

474.  Every person who knowingly and willfully sends by telegraph or
telephone to any person a false or forged message, purporting to be
from a telegraph or telephone office, or from any other person, or
who willfully delivers or causes to be delivered to any person any
such message falsely purporting to have been received by telegraph or
telephone, or who furnishes, or conspires to furnish, or causes to
be furnished to any agent, operator, or employee, to be sent by
telegraph or telephone, or to be delivered, any such message, knowing
the same to be false or forged, with the intent to deceive, injure,
or defraud another, is punishable by imprisonment in the state
prison, or in the county jail not exceeding one year, or by fine not
exceeding ten thousand dollars ($10,000), or by both such fine and
imprisonment.

475.  (a) Every person who possesses or receives, with the intent to
pass or facilitate the passage or utterance of any forged, altered,
or counterfeit items, or completed items contained in subdivision (d)
of Section 470 with intent to defraud, knowing the same to be
forged, altered, or counterfeit, is guilty of forgery.
   (b) Every person who possesses any blank or unfinished check,
note, bank bill, money order, or traveler's check, whether real or
fictitious, with the intention of completing the same or the
intention of facilitating the completion of the same, in order to
defraud any person, is guilty of forgery.
   (c) Every person who possesses any completed check, money order,
traveler's check, warrant or county order, whether real or
fictitious, with the intent to utter or pass or facilitate the
utterance or passage of the same, in order to defraud any person, is
guilty of forgery.

476.  Every person who makes, passes, utters, or publishes, with
intent to defraud any other person, or who, with the like intent,
attempts to pass, utter, or publish, or who has in his or her
possession, with like intent to utter, pass, or publish, any
fictitious or altered bill, note, or check, purporting to be the
bill, note, or check, or other instrument in writing for the payment
of money or property of any real or fictitious financial institution
as defined in Section 186.9 is guilty of forgery.

476a.  (a) Any person who for himself or as the agent or
representative of another or as an officer of a corporation,
willfully, with intent to defraud, makes or draws or utters or
delivers any check, or draft or order upon any bank or depositary, or
person, or firm, or corporation, for the payment of money, knowing
at the time of that making, drawing, uttering, or delivering that the
maker or drawer or the corporation has not sufficient funds in, or
credit with the bank or depositary, or person, or firm, or
corporation, for the payment of that check, draft, or order and all
other checks, drafts, or orders upon funds then outstanding, in full
upon its presentation, although no express representation is made
with reference thereto, is punishable by imprisonment in a county
jail for not more than one year, or in the state prison.
   (b) However, if the total amount of all such checks, drafts, or
orders that the defendant is charged with and convicted of making,
drawing, or uttering does not exceed four hundred fifty dollars
($450), the offense is punishable only by imprisonment in the county
jail for not more than one year, except that this subdivision shall
not be applicable if the defendant has previously been convicted of a
violation of Section 470, 475, or 476, or of this section, or of the
crime of petty theft in a case in which defendant's offense was a
violation also of Section 470, 475, or 476 or of this section or if
the defendant has previously been convicted of any offense under the
laws of any other state or of the United States which, if committed
in this state, would have been punishable as a violation of Section
470, 475 or 476 or of this section or if he has been so convicted of
the crime of petty theft in a case in which, if defendant's offense
had been committed in this state, it would have been a violation also
of Section 470, 475, or 476, or of this section.
   (c) Where the check, draft, or order is protested, on the ground
of insufficiency of funds or credit, the notice of protest shall be
admissible as proof of presentation, nonpayment and protest and shall
be presumptive evidence of knowledge of insufficiency of funds or
credit with the bank or depositary, or person, or firm, or
corporation.
   (d) In any prosecution under this section involving two or more
checks, drafts, or orders, it shall constitute prima facie evidence
of the identity of the drawer of a check, draft, or order if both of
the following occur:
   (1) When the payee accepts the check, draft or order from the
drawer, he or she obtains from the drawer the following information:
name and residence of the drawer, business or mailing address, either
a valid driver's license number or Department of Motor Vehicles
identification card number, and the drawer's home or work phone
number or place of employment. That information may be recorded on
the check, draft, or order itself or may be retained on file by the
payee and referred to on the check, draft, or order by identifying
number or other similar means.
   (2) The person receiving the check, draft, or order witnesses the
drawer's signature or endorsement, and, as evidence of that, initials
the check, draft, or order at the time of receipt.
   (e) The word "credit" as used herein shall be construed to mean an
arrangement or understanding with the bank or depositary or person
or firm or corporation for the payment of such check, draft or order.
   (f) If any of the preceding paragraphs, or parts thereof, shall be
found unconstitutional or invalid, the remainder of this section
shall not thereby be invalidated, but shall remain in full force and
effect.
   (g) A sheriff's department, police department, or other law
enforcement agency may collect a fee from the defendant for
investigation, collection, and processing of checks referred to their
agency for investigation of alleged violations of this section or
Section 476.
   The amount of the fee shall not exceed twenty-five dollars ($25)
for each bad check in addition to the amount of any bank charges
incurred by the victim as a result of the alleged offense. If the
sheriff's department, police department, or other law enforcement
agency collects any fee for bank charges incurred by the victim
pursuant to this section, that fee shall be paid to the victim for
any bank fees the victim may have been assessed. In no event shall
reimbursement of the bank charge to the victim pursuant to this
section exceed ten dollars ($10) per check.

477.  Every person who counterfeits any of the species of gold or
silver coin current in this State, or any kind or species of gold
dust, gold or silver bullion, or bars, lumps, pieces, or nuggets, or
who sells, passes, or gives in payment such counterfeit coin, dust,
bullion, bars, lumps, pieces, or nuggets, or permits, causes, or
procures the same to be sold, uttered, or passed, with intention to
defraud any person, knowing the same to be counterfeited, is guilty
of counterfeiting.

478.  Counterfeiting is punishable by imprisonment in the state
prison for two, three or four years.

479.  Every person who has in his possession, or receives for any
other person, any counterfeit gold or silver coin of the species
current in this state, or any counterfeit gold dust, gold or silver
bullion or bars, lumps, pieces or nuggets, with the intention to
sell, utter, put off or pass the same, or permits, causes or procures
the same to be sold, uttered or passed, with intention to defraud
any person, knowing the same to be counterfeit, is punishable by
imprisonment in the state prison for two, three or four years.

480.  (a) Every person who makes, or knowingly has in his or her
possession any die, plate, or any apparatus, paper, metal, machine,
or other thing whatever, made use of in counterfeiting coin current
in this state, or in counterfeiting gold dust, gold or silver bars,
bullion, lumps, pieces, or nuggets, or in counterfeiting bank notes
or bills, is punishable by imprisonment in the state prison for two,
three, or four years; and all dies, plates, apparatus, papers,
metals, or machines intended for the purpose aforesaid, must be
destroyed.
   (b) (1) If the counterfeiting apparatus or machine used to violate
this section is a computer, computer system, or computer network,
the apparatus or machine shall be disposed of pursuant to Section
502.01.
   (2) For the purposes of this section, "computer system" and
"computer network" have the same meaning as that specified in Section
502. The terms "computer, computer system, or computer network"
include any software or data residing on the computer, computer
system, or computer network used in a violation of this section.

481.  Every person who counterfeits, forges, or alters any ticket,
check, order, coupon, receipt for fare, or pass, issued by any
railroad or steamship company, or by any lessee or manager thereof,
designed to entitle the holder to ride in the cars or vessels of such
company, or who utters, publishes, or puts into circulation, any
such counterfeit or altered ticket, check, or order, coupon, receipt
for fare, or pass, with intent to defraud any such railroad or
steamship company, or any lessee thereof, or any other person, is
punishable by imprisonment in the state prison, or in the county
jail, not exceeding one year, or by fine not exceeding one thousand
dollars, or by both such imprisonment and fine.

481.1.  (a) Every person who counterfeits, forges, or alters any
fare media designed to entitle the holder to a ride on vehicles of a
public transportation system, as defined by Section 99211 of the
Public Utilities Code, or on vehicles operated by entities subsidized
by the Department of Transportation is punishable by imprisonment in
a county jail, not exceeding one year, or in the state prison.
   (b) Every person who knowingly possesses any counterfeit, forged,
or altered fare media designed to entitle the holder to a ride on
vehicles of a public transportation system, as defined by Section
99211 of the Public Utilities Code, or on vehicles operated by
entities subsidized by the Department of Transportation, or who
utters, publishes, or puts into circulation any fare media with
intent to defraud is punishable by imprisonment in a county jail not
exceeding one year, or by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.

482.  Every person who, for the purpose of restoring to its original
appearance and nominal value in whole or in part, removes, conceals,
fills up, or obliterates, the cuts, marks, punch-holes, or other
evidence of cancellation, from any ticket, check, order, coupon,
receipt for fare, or pass, issued by any railroad or steamship
company, or any lessee or manager thereof, canceled in whole or in
part, with intent to dispose of by sale or gift, or to circulate the
same, or with intent to defraud the railroad or steamship company, or
lessee thereof, or any other person, or who, with like intent to
defraud, offers for sale, or in payment of fare on the railroad or
vessel of the company, such ticket, check, order, coupon, or pass,
knowing the same to have been so restored, in whole or in part, is
punishable by imprisonment in the county jail not exceeding six
months, or by a fine not exceeding one thousand dollars, or by both
such imprisonment and fine.

483.  Except as otherwise provided in Section 26002.5 of the
Government Code and Sections 40180.5 and 99151 of the Public
Utilities Code, any person, firm, corporation, partnership, or
association that shall sell to another any ticket, pass, scrip,
mileage or commutation book, coupon, or other instrument for passage
on a common carrier, for the use of any person not entitled to use
the same according to the terms thereof, or of the book or portion
thereof from which it was detached, shall be guilty of a misdemeanor.

483.5.  (a) No deceptive identification document shall be
manufactured, sold, offered for sale, furnished, offered to be
furnished, transported, offered to be transported, or imported or
offered to be imported into this state unless there is diagonally
across the face of the document, in not less than 14-point type and
printed conspicuously on the document in permanent ink, the following
statement:
                             NOT A GOVERNMENT DOCUMENT
   and, also printed conspicuously on the document, the name of the
manufacturer.
   (b) No document-making device may be possessed with the intent
that the device will be used to manufacture, alter, or authenticate a
deceptive identification document.
   (c) As used in this section, "deceptive identification document"
means any document not issued by a governmental agency of this state,
another state, the federal government, a foreign government, a
political subdivision of a foreign government, an international
government, or an international quasi-governmental organization,
which purports to be, or which might deceive an ordinary reasonable
person into believing that it is, a document issued by such an
agency, including, but not limited to, a driver's license,
identification card, birth certificate, passport, or social security
card.
   (d) As used in this section, "document-making device" includes,
but is not limited to, an implement, tool, equipment, impression,
laminate, card, template, computer file, computer disk, electronic
device, hologram, laminate machine or computer hardware or software.
   (e) Any person who violates or proposes to violate this section
may be enjoined by any court of competent jurisdiction. Actions for
injunction under this section may be prosecuted by the Attorney
General, any district attorney, or any city attorney prosecuting on
behalf of the people of the State of California under Section 41803.5
of the Government Code in this state in the name of the people of
the State of California upon their own complaint or upon the
complaint of any person.
   (f) Any person who violates the provisions of subdivision (a) who
knows or reasonably should know that the deceptive identification
document will be used for fraudulent purposes is guilty of a crime,
and upon conviction therefor, shall be punished by imprisonment in
the county jail not to exceed one year, or by imprisonment in the
state prison. Any person who violates the provisions of subdivision
(b) is guilty of a misdemeanor punishable by imprisonment in a county
jail not exceeding one year, or by a fine not exceeding one thousand
dollars ($1,000), or by both imprisonment and a fine. Any
document-making device may be seized by law enforcement and shall be
forfeited to law enforcement or destroyed by order of the court upon
a finding that the device was intended to be used to manufacture,
alter, or authenticate a deceptive identification document. The court
may make such a finding in the absence of a defendant for whom a
bench warrant has been issued by the court.



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