California Forgery prosecution – California penal code 470

Forgery Prosecution: California Penal Code Section 470

• To prove that a defendant has committed forgery by signing a false signature, the prosecution must show that:

1. The defendant signed someone else’s name or a false name to a document;
2. The defendant did not have authority to sign that name;
3. The defendant knew that he/she did not have authority; AND
4. When the defendant signed the document, he/she intended to defraud.

• To prove that a defendant has committed forgery by forging or counterfeiting the handwriting or seal of another person, the prosecution must show that:

1. The defendant forged or counterfeited the handwriting or seal of another person on a document; AND
2. When the defendant did that act, he/she intended to defraud.

• To prove that a defendant has committed forgery by falsifying, corrupting, or altering a will or other legal document, the prosecution must show that:

1. The defendant falsified, corrupted, or altered a document;
2. The document falsified was a record of a will, codicil, conveyance, or any other legal document that the law accepts as evidence; AND
3. When the defendant falsified, corrupted, or altered the document, he/she intended to defraud.

• To prove that the defendant committed forgery by passing, using, attempting to use a forged document, the prosecution must show that:

1. The defendant passed, used, or attempted to use a false, forged, altered, or counterfeit document;
2. The defendant knew that the documents were false, forged, altered, or counterfeit; AND
3. When the defendant passed, used, or attempted to use the falsified document, he/she intended that the document be accepted as genuine and that he/she intended to defraud.

Additional Notes:

• • A person “intends to defraud” if he/she intends to deceive another person to cause either a loss of money, goods, services, or anything else of value, or to cause damage to a legal, financial, or property right.

• • For the purposes of this crime a “person” also includes a government agency, corporation, business, or a group or association.

• • It is not necessary that anyone actually be defrauded or suffer a financial, legal, or property loss as a result of the defendant’s acts.

• • A person “alters” a document if he/she adds to, erases, or changes a part of the document that affects a legal, financial, or property right.