What is essential to common law forgery?

What is essential to common law forgery?

• A. Write or alter an instrument to be true
• B. Write or alter an instrument so that it is false, with specific intent to defraud
• C. Create a counterfeit currency
• D. Impersonate another person

Answer: (B)

Forgery at common law requires making or altering a writing with legal significance that is false, done with the specific intent to defraud. The key is the combination of a written instrument being false and the purposeful aim to defraud someone by relying on that false instrument. The falsehood must be connected to a document that has legal effect, and the offender must know it’s false and intend to cause deception or financial harm. That’s why choosing the option that describes writing or altering an instrument so that it is false, with specific intent to defraud best captures the essential element. Writing something true would not be deception. Creating counterfeit currency relates to counterfeiting, a separate offense. Impersonating another person doesn’t, by itself, involve creating or altering a written instrument to defraud.

Forgery at common law requires making or altering a writing with legal significance that is false, done with the specific intent to defraud. The key is the combination of a written instrument being false and the purposeful aim to defraud someone by relying on that false instrument. The falsehood must be connected to a document that has legal effect, and the offender must know it’s false and intend to cause deception or financial harm.

That’s why choosing the option that describes writing or altering an instrument so that it is false, with specific intent to defraud best captures the essential element. Writing something true would not be deception. Creating counterfeit currency relates to counterfeiting, a separate offense. Impersonating another person doesn’t, by itself, involve creating or altering a written instrument to defraud.