§708-852 Forgery in the second degree.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A person commits the offense of forgery in the second degree if, with intent to defraud, the person:

(a)Falsely makes, completes, endorses, or alters a written instrument, or utters a forged instrument, or fraudulently encodes the magnetic ink character recognition numbers, which is or purports to be, or which is calculated to become or to represent if completed, a deed, will, codicil, contract, assignment, commercial instrument, or other instrument which does or may evidence, create, transfer, terminate, or otherwise affect a legal right, interest, obligation, or status; or

(b)Falsely makes, completes, endorses, or alters a written instrument, or utters a forged instrument; and:

(i)The purported maker or drawer of the written instrument or forged instrument is a person who is sixty years of age or older; and

(ii)The age of purported maker or drawer of the written instrument or forged instrument is known or reasonably should be known to the person who falsely makes, completes, endorses, or alters a written instrument; or utters a forged instrument.

(2)Forgery in the second degree is a class C felony. [L 1972, c 9, pt of §1; am L 1988, c 155, §3; gen ch 1992; am L 1997, c 243, §3; am L 2021, c 147, §7]

Case Notes

Charges in indictment held sufficient though inarticulately drawn. 55 H. 621, 525 P.2d 571 (1974).

There was substantial evidence which a reasonable mind might accept as adequate to convict defendant. 79 H. 175 (App.), 900 P.2d 172 (1995).