Prohibits the sale of forged instruments; includes the sale and manufacture of government issued documents in the class C felony of forgery in the first degree.
STATE OF NEW YORK
________________________________________________________________________
1250
2015-2016 Regular Sessions
IN SENATE
January 9, 2015
___________
Introduced by Sen. PERALTA -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to forged instruments and the
sale thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 170.00 of the penal law is amended by adding a new
2 subdivision 9 to read as follows:
3 9. "Sell" means to sell, exchange, give or dispose of to another, or
4 offer or agree to do the same.
5 § 2. Section 170.05 of the penal law is amended to read as follows:
6 § 170.05 Forgery in the third degree.
7 A person is guilty of forgery in the third degree when[, with]:
8 1. With intent to defraud, deceive or injure another, he or she false-
9 ly makes, completes or alters a written instrument[.]; or
10 2. With knowledge that it is forged and with intent to defraud,
11 deceive or injure another, he or she sells a forged instrument.
12 Forgery in the third degree is a class A misdemeanor.
13 § 3. Section 170.10 of the penal law, subdivision 1 as amended by
14 chapter 949 of the laws of 1984, is amended to read as follows:
15 § 170.10 Forgery in the second degree.
16 A person is guilty of forgery in the second degree when[, with]:
17 1. With intent to defraud, deceive or injure another, he or she false-
18 ly makes, completes or alters a written instrument which is or purports
19 to be, or which is calculated to become or to represent if completed:
20 [1.] (a) A deed, will, codicil, contract, assignment, commercial
21 instrument, credit card, as that term is defined in subdivision seven of
22 section 155.00, or other instrument which does or may evidence, create,
23 transfer, terminate or otherwise affect a legal right, interest, obli-
24 gation or status; or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00329-01-5
S. 1250 2
1 [2.] (b) A public record, or an instrument filed or required or
2 authorized by law to be filed in or with a public office or public serv-
3 ant; or
4 [3. A written instrument officially issued or created by a public
5 office, public servant or governmental instrumentality; or
6 4.] (c) Part of an issue of tokens, public transportation transfers,
7 certificates or other articles manufactured and designed for use as
8 symbols of value usable in place of money for the purchase of property
9 or services; or
10 [5.] (d) A prescription of a duly licensed physician or other person
11 authorized to issue the same for any drug or any instrument or device
12 used in the taking or administering of drugs for which a prescription is
13 required by law[.]; or
14 2. With knowledge that it is forged and with intent to defraud,
15 deceive or injure another, he or she sells any forged instrument of a
16 kind specified in subdivision one of this section.
17 Forgery in the second degree is a class D felony.
18 § 4. Section 170.15 of the penal law is amended to read as follows:
19 § 170.15 Forgery in the first degree.
20 A person is guilty of forgery in the first degree when[, with]:
21 1. With intent to defraud, deceive or injure another, he or she
22 falsely makes, completes or alters a written instrument which is or
23 purports to be, or which is calculated to become or to represent if
24 completed:
25 [1.] (a) Part of an issue of money, stamps, securities or other valu-
26 able instruments issued by a government or governmental instrumentality;
27 or
28 [2.] (b) Part of an issue of stock, bonds or other instruments repres-
29 enting interests in or claims against a corporate or other organization
30 or its property[.]; or
31 (c) A written instrument officially issued or created by a public
32 office, public servant or governmental instrumentality; or
33 2. With knowledge that it is forged and with intent to defraud,
34 deceive or injure another, he or she sells any forged instrument of a
35 kind specified in subdivision one of this section.
36 Forgery in the first degree is a class C felony.
37 § 5. The penal law is amended by adding a new section 170.26 to read
38 as follows:
39 § 170.26 Criminal possession of a forged instrument; presumption.
40 A person who possesses two or more forged instruments of a kind speci-
41 fied in paragraph (c) of subdivision one of section 170.15, identifying
42 another person or persons, with knowledge that such instruments are
43 forged and with intent to defraud, deceive or injure another, shall be
44 presumed to possess such forged instruments with intent to sell them in
45 violation of subdivision two of section 170.15 of this article.
46 § 6. Section 170.25 of the penal law is amended to read as follows:
47 § 170.25 Criminal possession of a forged instrument in the second
48 degree.
49 A person is guilty of criminal possession of a forged instrument in
50 the second degree when, with knowledge that it is forged and with intent
51 to defraud, deceive or injure another, he or she utters or possesses any
52 forged instrument of a kind specified in subdivision one of section
53 170.10 or paragraph (c) of subdivision one of section 170.15.
54 Criminal possession of a forged instrument in the second degree is a
55 class D felony.
56 § 7. Section 170.30 of the penal law is amended to read as follows:
S. 1250 3
1 § 170.30 Criminal possession of a forged instrument in the first degree.
2 A person is guilty of criminal possession of a forged instrument in
3 the first degree when, with knowledge that it is forged and with intent
4 to defraud, deceive or injure another, he or she utters or possesses any
5 forged instrument of a kind specified in paragraph (a) or (b) of subdi-
6 vision one of section 170.15.
7 Criminal possession of a forged instrument in the first degree is a
8 class C felony.
9 § 8. This act shall take effect on the first of November next succeed-
10 ing the date on which it shall have become a law.
