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FORGERYFORGERYFORGERYFORGERYFORGERY

(See also, CHECKS, CREDIT CARDS,

THEFT, this Digest)

I. HISTORY

Historically, “forgery” has been defined as the false
making or materially altering, with intent to defraud, of
any writing, which if genuine, might apparently be of
legal efficacy, or the foundation of legal liability. State v.
Thrunk, 157 N.J. Super. 265, 271 (App. Div. 1978).

The Code, however, expanded the scope of the crime
to apply to any “writing,” regardless of whether it has
legal or evidentiary significance. Diplomas and
professional certificates as well as private records such as
diaries, books of account and letters all fall within the
purview of the offense. The comprehensive definition
allows for punishment of forgeries which are harmful to
the good name or reputation of the purported author or
which misrepresent the sentiments, opinion, character,
conduct, prospects or interests of others. II Final Report
of the New Jersey Criminal Law Revision Commission,
Commentary at 238 (1971).

II. OFFENSE

Under N.J.S.A. 2C:21-1a, a person will be found
guilty of forgery if, with the purpose to or knowledge of
defrauding or injuring anyone, he alters or changes any
writing of another without authorization, or he makes,
authenticates, issues or transfers any writing so that it
purports (1) to be the act of either another who did not
authorize it, or of a fictitious person, (2) to have been
executed at a time or place or in a numbered sequence
other than was in fact the case, or (3) to be a copy of an
original when no such original existed. A person will also
be found guilty of forgery if he utters any writing which
he knows to have been forged in any of the foregoing
respects. Id.

For forgeries involving driver’s licenses and motor
vehicle registrations, see N.J.S.A. 2C:21-2.1.

III. INSTRUMENTS SUBJECT TO FORGERY

A. Writings

The offense of forgery applies to any “writing,” which
is defined comprehensively to include “printing or any
other method of recording information, money, coins,
tokens, stamps, seals, credit cards, badges, trademarks,

access devices, and other symbols of value, right,

privilege, or identification. N.J.S.A. 2C:21-1a(3).

B. Access Devices

In 1997, the definition of “writing” was expanded

further to include access devices. L.1997, c.6. An “access

device” is defined as a telephone calling card number,

credit card number, account number, mobile

identification number, electronic serial number,

personal identification number, or any other data

intended to control or limit access to telecommunica-

tions or other computer networks in either human

readable or computer readable form, including copies or

originals that can be used to obtain telephone services.

N.J.S.A. 2C:20-1s.

C. Sound and Audiovisual Recordings

Offenses that come within the purview of the Anti-

Piracy Act, prohibiting the unlawful making or

distribution of sound and audiovisual recordings, may

not be prosecuted under general forgery provisions

relating to writings and objects. State v. El Moghrabi, 316

N.J. Super. 139, 141-43 (App. Div. 1998); see also

N.J.S.A. 2C:21-1, 2C:21-2, and 2C:21-21.

In El Moghrabi, the Appellate Division noted that

forgery of video tapes could be prosecuted under the

general forgery statutes, were it not for the existence of the

Anti-Piracy Act, N.J.S.A. 2C:21-21. 316 N.J. Super. at

143. The Court was satisfied that the Legislature
     deliberately established the offense of pirating recordings
     in N.J.S.A. 2C:21-21 as a separate and distinct crime
     from the general forgery provisions, N.J.S.A. 2C:21-1
     and 2C:21-2. Id. at 142. This was largely because of the
     more severe punishments in the Anti-Piracy Act as
     compared to the far lesser punishments of the general
     forgery sections of Chapter 21. Id.

D. Forgery Devices

A person is guilty of possession of forgery devices

when he makes or possesses a “forgery device”, with the

purpose to use, or to aid or permit another to use for

purposes of forging written instruments. N.J.S.A.

2C:21-1c. A “forgery device” is defined to include any

device used for the purposes of forging written

instruments, including access devices, or a computer, or

computer equipment, computer software or any article

specifically designed or adapted for such use. Id.