Connecticut General Statutes/Title 53a/Chapter 952/Section 53a-139

CGS § 53a-139. Forgery in the second degree: Class D felony.

(a) A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument or issues or possesses any written instrument which he knows to be forged, which is or purports to be, or which is calculated to become or represent if completed: (1) A deed, will, codicil, contract, assignment, commercial instrument or other instrument which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or (2) a public record or an instrument filed or required or authorized by law to be filed in or with a public office or public servant; or (3) a written instrument officially issued or created by a public office, public servant or governmental instrumentality; or (4) a prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law.

(b) “Drugs” as used in this section includes all drugs except controlled drugs as defined in section 21a-240.

Short History

(1969, P.A. 828, S. 141; 1971, P.A. 871, S. 38; P.A. 76-292, S. 2.)

Long History

History: 1971 act removed exception re narcotic drugs in Subsec. (b); P.A. 76-292 made second degree forgery a Class D felony rather than a Class A misdemeanor.

Citations

Cited. 201 C. 125; 207 C. 555. Defendant may be found guilty of forgery in the second degree if the state establishes that defendant, with intent to deceive another, falsely made, possessed or altered a written instrument that he or she knew to be forged. 252 C. 229.

Cited. 8 CA 342; 11 CA 161; 28 CA 521; 37 CA 72; 42 CA 790; 47 CA 1. Defendant's true identity is related directly to the crime and therefore defendant must be provided with “Miranda” warnings prior to being asked his or her identity as part of booking process. 103 CA 544. Whether the victim was in fact deceived is not an element of forgery in the second degree, belief of the victim is immaterial. 165 CA 791.

Cited. 34 CS 606.

Subsec. (a):

Cited. 169 C. 581; 195 C. 421; 198 C. 68; Id., 158; 199 C. 146; 235 C. 469.

Cited. 5 CA 473; 14 CA 1; 24 CA 493. Altered medical document can reasonably be found to be “other instrument” under Subdiv. (1) as such document may affect a legal right or interest; Subdivs. (1) to (4) are not mutually exclusive. 146 CA 17.

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