Ala. Pattern Jury Instr. (Criminal) 13A-9-3 (FORGERY II)

Forgery II

The defendant is charged with forgery in the second degree.

A person commits the crime of forgery in the second degree if, with intent to

defraud, he/she falsely makes, completes or alters a written instrument which is or

purports to be, or which is calculated to become or to represent if completed [Read as

appropriate]:

(1) A deed, will, codicil, or contract which does or may evidence, create,

transfer, terminate or otherwise affect a legal right, interest, obligation or

status;

(2) A public record, or an instrument filed or required or authorized by law to be

filed in a public office or with a public employee; (OR)

(3) A written instrument officially issued or created by a public office, public

employees or government agency.

To convict, the State must prove beyond a reasonable doubt each of the following

elements:

(1) The defendant falsely made, completed or altered a written instrument,

[describe instrument];

(2) The written instrument was or purported to be, or was calculated to become

or to represent if completed [Read as appropriate]:

(a) A deed, will, codicil, or contract which does or may evidence, create,

transfer, terminate or otherwise affect a legal right, interest,

obligation or status;

(b) A public record, or an instrument filed or required or authorized by

law to be filed in a public office or with a public employee; (OR)

(c) A written instrument officially issued or created by a public office,

public employees or government agency; (AND)

(3) The defendant acted with intent to defraud.

[Read as appropriate] : To falsely make a written instrume nt means to make or

draw a complete written instrument in its entirety, or an incomplete written instrument,

which purports to be authentic creation of its ostensible maker, but which is not either

because the ostensible maker is fictitious or because, if real, he/she did not authorize the

making or drawing thereof. [13A-9-1(4)]

[Read as appropriate] : To falsely complete a written instrument means to

transform, by adding, inserting or changing matter, an incomplete written instrument into

a complete one, without lawful authority, so that the completed written instrument falsely

appears or purports to be in all respects an authentic creation of its ostensible maker or

authorized by him/her [13A-9-1(5)]

[Read as appropriate] : To falsely alter a written instrument means to change,

without lawful authority, a written instrument, whether complete or incomplete, by means

of er asure, obliteration, deletion, addition or transportation of matter, or in any other

manner, so that the instrument so changed falsely appears or purports to be in all respects

an authentic creation of its ostensible maker or authorized by him/her. [13A-9-1(6)]

A written instrument means [Read as appropriate]:

a. Any paper, document or other instrument containing written or

printed matter or its equivalent; (OR)

b. Any token, stamp, seal, badge, trademark or other evidence or

symbol of value, right, privilege or identification;

which is capable of being used to the advantage or disadvantage of some person. [13A -

9-1(1)]

A complete written instrument is one which purports to be a genuine written

instrument fully drawn with respect to every essential feature thereof. [13A-9-1(2)]

An incomplete written instrument is one which contains some matter by way of

content or authentication, but which requires additional matter in order to render it a

complete written instrument. [13A-9-1(3)]

[Read as appropriate]: Government is the United States, any state or any county,

municipality, or other political unit within territory belonging to the United States, or any

department, agency, or subdivision of any of the foregoing, or any corporation or other

association carrying out the functions of government, or any corporation or agency formed

pursuant to interstate compact or international treaty. As used in this definition "state"

includes any state, territory, or possession of the United States, the District of Columbia,

and the Commonwealth of Puerto Rico. [13A-9-1(11) & 13A-8-1(5)]

Intent to defraud is a purpose to use deception, or to injure another pers on's

interest which has value. [13A-9-1(8)]

Deception occurs when a person knowingly:

a. Creates or confirms another's impression which is false and which

the defendant does not believe to be true; or

b. Fails to correct a false impression which the defendant previously

has created or confirmed; or

c. Fails to correct a false impression when the defendant is under duty

to do so; or

d. Prevents another from acquiring information pertinent to the

disposition of the property involved; or

e. Sells or otherwise transfers or encumbers property, failing to disclose

a lien, adverse claim, or other legal impe diment to the enjoyment of

the property when the defendant is under a duty to do so, whether

that impediment is or is not valid, or is not a matter of official record;

or

f. Promises performance which the defendant does not intend to

perform or knows will not be performed. Failure to perform, standing

alone, however, is not proof that the defend ant did not intend to

perform.

The term deception does not, however, include falsity as to matters having

no pecuniary significance, or puffing by statements unli kely to deceive ordinary

persons. "Puffing" means an exaggerated commendation of wares or services.

[13A-8-1(1)]

[Read as appropriate]: Value is the market value of the property at the time and

place of the criminal act. Whether or not they have been issu ed or delivered, certain

written instruments, not including those having a readily ascertainable market value such

as some public and corporate bonds and securities shall be evaluated as follows:

a. The value of an instrument constituting as evidence of debt, such as

a check, draft, or promissory note, shall be deemed the amount due

or collectible thereon or thereby, that figure ordinarily being the face

amount of the indebtedness less any portion thereof which has been

satisfied.

b. The value of any other instrument that creates, releases, discharges,

or otherwise affects any valuable legal right, privilege, or obligation

shall be deemed the greatest amount of economic loss which the

owner of the instrument might reasonably suffer by virtue of the loss

of the instrument.

When the value of property cannot be ascertained pursuant to the standards

set forth above, its value shall be deemed to be an amount not exceeding five

hundred dollars ($500).

Amounts involved in thefts committed pursuant to one scheme or course of

conduct, whether from the same person or several persons, may be aggregated in

determining the grade of the offense; provided, that only one conviction may be

had an only one sentence enforced for all thefts included in such aggregate. [13A-

8-1(14)]

If you find from the evidence that the State has proved beyond a reasonable doubt

each of the elements of the offense of forgery in the second degree, then you shall find

the defendant guilty of forgery in the second degree.

If you find that the S tate has failed to prove beyond a reasonable doubt any one

or more of the elements of the offense of forgery in the second degree, then you cannot

find the defendant guilty of forgery in the second degree.

[If lesser-included offenses are included, the Court should instruct on these

offenses at this point.]

[Approved 6-17-16.]