2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 9 - Forgery and Fraudulent Practices
Article 1 - Forgery and Related Offenses
§ 16-9-1. Forgery; Classification of Forgery Offenses

1. As used in this Code section, the term:
   1. "Bank" means incorporated banks, savings banks, banking companies, trust companies, credit unions, and other corporations doing a banking business.
   2. "Check" means any instrument for the payment or transmission of money payable on demand and drawn on a bank.
   3. "Writing" includes, but shall not be limited to, printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right, privilege, or identification.
2. A person commits the offense of forgery in the first degree when with the intent to defraud he or she knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority and utters or delivers such writing.
3. A person commits the offense of forgery in the second degree when with the intent to defraud he or she knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.
4. A person commits the offense of forgery in the third degree when with the intent to defraud he or she knowingly:
   1. Makes, alters, possesses, utters, or delivers any check written in the amount of $1,500.00 or more in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or
   2. Possesses ten or more checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.
5. A person commits the offense of forgery in the fourth degree when with the intent to defraud he or she knowingly:
   1. Makes, alters, possesses, utters, or delivers any check written in the amount of less than $1,500.00 in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or
   2. Possesses less than ten checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.

(Code 1933, § 26-1701, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1969, p. 857, § 6; Ga. L. 2012, p. 899, § 3-5/HB 1176.)

- Requirements regarding affixing of signatures to negotiable instruments, § 11-3-401 et seq.

- Ga. L. 2012, p. 899, § 9-1(a)/HB 1176, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2012, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2012, shall be governed by the statute in effect at the time of such offense and shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction for the same type of offense, of whatever degree or level, pursuant to this Act."

- For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 290 (2012).

ANALYSIS

• General Consideration
• Evidence
• Jury Instructions

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required.

- Misdemeanor offenses arising under O.C.G.A. § 16-9-1(e) are offenses for which those charged are to be fingerprinted. 2012 Op. Att'y Gen. No. 12-6.

RESEARCH REFERENCES

Am. Jur. 2d.

- 36 Am. Jur. 2d, Forgery, § 1 et seq.

- 37 C.J.S., Forgery, § 1 et seq.

- Genuine making of instrument for purpose of defrauding as constituting forgery, 51 A.L.R. 568.

Liability for leaving contract forms accessible to stranger who, by forgery, gives such forms apparent authenticity as completed contracts, 85 A.L.R. 83.

Filling in terms other than authorized in paper executed with blanks, as forgery, 87 A.L.R. 1169.

Alteration of written instrument in order to conform to actual intention as forgery, 93 A.L.R. 864.

Alteration or counterfeiting of postage stamps as criminal offense, 127 A.L.R. 1469.

Presumptions and inferences in criminal cases from unexplained possession or uttering of forged paper, 164 A.L.R. 621.

Invalid instrument as subject of forgery, 174 A.L.R. 1300.

Alteration of figures indicating amount of check, bill, or note, without change in written words, as forgery, 64 A.L.R.2d 1029.

Propriety of jury, or court sitting as trier of facts, making a comparison of a disputed writing with a standard produced in court, without the aid of an expert witness, 80 A.L.R.2d 272.

Signing credit charge or credit sales slip, as forgery, 90 A.L.R.2d 822.

Criminal prosecution or disciplinary action against medical practitioner for fraud in connection with claims under medicaid, medicare, or similar welfare program for providing medical service, 50 A.L.R.3d 549.

Falsifying of money order as forgery, 65 A.L.R.3d 1307.

Filing of false insurance claims for medical services as ground for disciplinary action against dentist, physician, or other medical practitioner, 70 A.L.R.4th 132.

What constitutes a public record or document within statute making falsification, forgery, mutilation, removal, or other misuse thereof an offense, 75 A.L.R.4th 1067.

Evidence of intent to defraud in state forgery prosecution, 108 A.L.R.5th 593.

Signing credit charge, credit sales slip, or credit electronic point of sale terminal, as forgery, 80 A.L.R.6th 599.