Tennessee § 39-14-114 - Forgery.

§ 39-14-114. Forgery.

A person commits an offense who forges a writing with intent to defraud or harm another. As used in this part, unless the context otherwise requires: “Forge” means to: Alter, make, complete, execute or authenticate any writing so that it purports to: Be the act of another who did not authorize that act; Have been executed at a time or place or in a numbered sequence other than was in fact the case; or Be a copy of an original when no such original existed; Make false entries in books or records; Issue, transfer, register the transfer of, pass, publish, or otherwise utter a writing that is forged within the meaning of subdivision (b)(1)(A); or Possess a writing that is forged within the meaning of subdivision (b)(1)(A) with intent to utter it in a manner specified in subdivision (b)(1)(C); and “Writing” includes printing or any other method of recording information, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and symbols of value, right, privilege or identification. An offense under this section is punishable as theft pursuant to § 39-14-105, but in no event shall forgery be less than a Class E felony. Acts 1989, ch. 591, § 1. Sentencing Commission Comments. Under this section, most forgeries are punished as theft. However, all forgeries are at least Class E felonies because of the extensive possible harm. Compiler's Notes. The sentencing commission terminated June 30, 1995. Sentencing Commission Comments have been retained, but do not reflect 1995 or subsequent legislation. Cross-References. Alcoholic beverage tax stamps, penalty for forging, § 57-3-412 . Allegation in indictment of intent to pass counterfeit money, § 40-13-215 . Certificates of mine employees, penalty for forging, § 59-4-207 . Disfranchisement on conviction, § 40-20-112 . Jury may provide punishment for less than one year, § 40-20-103 . Misuse of documents in connection with healing arts licensing law, § 63-1-123 . Penalty for Class E felony, § 40-35-111 . Tobacco tax stamps, penalty for forging, § 67-4-1007 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 16.19. Tennessee Jurisprudence, 10 Tenn. Juris., Double Jeopardy, § 11; 13 Tenn. Juris., Forgery and Counterfeiting, §§ 2, 5-8. Attorney General Opinions. Recovery of attorney fees and costs by deferred presentment service provider, OAG 98-070 (3/25/98).