Download Criminal Possession of Forged Instrument: Definition, Elements, Penalties and more Schemes and Mind Maps Law in PDF only on Docsity! 1 CRIMINAL POSSESSION OF A FORGED INSTRUMENT THIRD DEGREE (Possession with Intent to Defraud) Penal Law § 170.20 (Committed on or After September 1, 1967)1 (Revised June, 2013, Jan. 2018, May 2022) 2 The (specify) count is Criminal Possession of a Forged Instrument in the Third Degree. Under our law, a person is guilty of Criminal Possession of a Forged Instrument in the Third Degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he or she utters or possesses a forged instrument. An intent to defraud, deceive, or injure another must include an intent to cause harm to that person.3 The following terms used in that definition have a special meaning: 1 The definition of “written instrument” was amended by the L. 2021, c. 784 to add the text associated with footnote 8 and that addition applies to an offense committed on or after Dec. 22, 2021. 2 The 2013 revision subdivided the second element, which contained the two culpable mental states of the crime, into two separate elements in order to emphasize that each culpable mental state must be proven beyond a reasonable doubt. See People v Bailey, 13 NY3d 67, 71-72 (2009) (“Knowledge and intent are two separate elements that must each be proven beyond a reasonable doubt by the People. Simply put, drawing the inference of defendant’s intent from his knowledge that the bills were counterfeit improperly shifts the burden of proof with respect to intent from the People to the defendant”). The 2018 revision was for the purpose of conforming the instruction to the decision in Golb v. Attorney General, 870 F.3d 89 (2d Cir. 2017), by insertion of the third paragraph, which reads: "An intent to defraud, deceive, or injure another must include an intent to cause harm to that person." See also People v. Golb, 23 NY3d 455 (2014). The 2022 revision was for the purpose of conforming this instruction to L. 2021, 784, effective December 22, 2021, which amended the definition of “written instrument” to add the text associated with footnote 8. 3 See footnote (2), paragraph 2. 2 INTENT means conscious objective or purpose.4 Thus, a person acts with intent to defraud, deceive or injure another when that person's conscious objective or purpose is to do so. To POSSESS means to have physical possession or otherwise to exercise dominion or control over tangible property.5 A FORGED INSTRUMENT means a written instrument which has been falsely made, completed or altered.6 The words "written instrument," "falsely made," "falsely completed," and "falsely altered" used in the definition of "forged instrument" also have their own special meanings. A WRITTEN INSTRUMENT means any instrument or article [including computer data or a computer program] containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information, or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person. 7 [On or after Dec. 22, 2021, add if applicable: A card provided to a person by a vaccine provider indicating the date a person received a vaccination against COVID-19, the type of vaccine and its lot number, and bearing a government logo or other indication that it is created by a 4 See Penal Law §15.05(1). If necessary, an expanded definition of “intent” is available in the section on Instructions of General Applicability under Culpable Mental States. 5 Penal Law § 10.00 (8). If necessary, an expanded definition of “possession” is available in the section on Instructions of General Applicability under Possession. 6 Depending on the evidence, it may not be necessary to define all the methods by which a written instrument may be forged. 7 Penal Law §170.00(1).
