Article 170 - NYS Penal Law - Forgery (2024)

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Consolidated Laws of New York's Penal code

Article 170 - NY Penal Law

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S 170.00  Forgery; definitions of terms. 1. "Written instrument" means any instrument or article, includingcomputer data or a computer program, containing written or printedmatter or the equivalent thereof, used for the purpose of reciting,embodying, conveying or recording information, or constituting a symbolor evidence of value, right, privilege or identification, which iscapable of being used to the advantage or disadvantage of some person. 2. "Complete written instrument" means one which purports to be agenuine written instrument fully drawn with respect to every essentialfeature thereof. An endorsem*nt, attestation, acknowledgment or othersimilar signature or statement is deemed both a complete writteninstrument in itself and a part of the main instrument in which it iscontained or to which it attaches. 3. "Incomplete written instrument" means one which contains somematter by way of content or authentication but which requires additionalmatter in order to render it a complete written instrument. 4. "Falsely make." A person "falsely makes" a written instrument whenhe makes or draws a complete written instrument in its entirety, or anincomplete written instrument, which purports to be an authenticcreation of its ostensible maker or drawer, but which is not such eitherbecause the ostensible maker or drawer is fictitious or because, ifreal, he did not authorize the making or drawing thereof. 5. "Falsely complete." A person "falsely completes" a writteninstrument when, by adding, inserting or changing matter, he transformsan incomplete written instrument into a complete one, without theauthority of anyone entitled to grant it, so that such completeinstrument appears or purports to be in all respects an authenticcreation of or fully authorized by its ostensible maker or drawer. 6. "Falsely alter." A person "falsely alters" a written instrumentwhen, without the authority of anyone entitled to grant it, he changes awritten instrument, whether it be in complete or incomplete form, bymeans of erasure, obliteration, deletion, insertion of new matter,transposition of matter, or in any other manner, so that such instrumentin its thus altered form appears or purports to be in all respects anauthentic creation of or fully authorized by its ostensible maker ordrawer. 7. "Forged instrument" means a written instrument which has beenfalsely made, completed or altered. 8. "Electronic access device" means a mobile identification number orelectronic serial number that can be used to obtain telephone service.S 170.05 Forgery in the third degree. A person is guilty of forgery in the third degree when, with intent todefraud, deceive or injure another, he falsely makes, completes oralters a written instrument. Forgery in the third degree is a class A misdemeanor.S 170.10 Forgery in the second degree. A person is guilty of forgery in the second degree when, with intentto defraud, deceive or injure another, he falsely makes, completes oralters a written instrument which is or purports to be, or which iscalculated to become or to represent if completed: 1. A deed, will, codicil, contract, assignment, commercial instrument,credit card, as that term is defined in subdivision seven of section155.0, 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 authorizedby law to be filed in or with a public office or public servant; or 3. A written instrument officially issued or created by a publicoffice, public servant or governmental instrumentality; or 4. Part of an issue of tokens, public transportation transfers,certificates or other articles manufactured and designed for use assymbols of value usable in place of money for the purchase of propertyor services; or 5. A prescription of a duly licensed physician or other personauthorized to issue the same for any drug or any instrument or deviceused in the taking or administering of drugs for which a prescription isrequired by law. Forgery in the second degree is a class D felony.S 170.15 Forgery in the first degree. A person is guilty of forgery in the first degree when, with intent todefraud, deceive or injure another, he falsely makes, completes oralters a written instrument which is or purports to be, or which iscalculated to become or to represent if completed: 1. Part of an issue of money, stamps, securities or other valuableinstruments issued by a government or governmental instrumentality; or 2. Part of an issue of stock, bonds or other instruments representinginterests in or claims against a corporate or other organization or itsproperty. Forgery in the first degree is a class C felony.S 170.20 Criminal possession of a forged instrument in the third degree. A person is guilty of criminal possession of a forged instrument inthe third degree when, with knowledge that it is forged and with intentto defraud, deceive or injure another, he utters or possesses a forgedinstrument. Criminal possession of a forged instrument in the third degree is aclass A misdemeanor.S 170.25 Criminal possession of a forged instrument in the second degree. A person is guilty of criminal possession of a forged instrument inthe second degree when, with knowledge that it is forged and with intentto defraud, deceive or injure another, he utters or possesses any forgedinstrument of a kind specified in section 170.10. Criminal possession of a forged instrument in the second degree is aclass D felony.S 170.27 Criminal possession of a forged instrument in the second degree; presumption. A person who possesses two or more forged instruments, each of whichpurports to be a credit card or debit card, as those terms are definedin subdivisions seven and seven-a of section 155.00, is presumed topossess the same with knowledge that they are forged and with intent todefraud, deceive or injure another.S 170.30 Criminal possession of a forged instrument in the first degree. A person is guilty of criminal possession of a forged instrument inthe first degree when, with knowledge that it is forged and with intentto defraud, deceive or injure another, he utters or possesses any forgedinstrument of a kind specified in section 170.15. Criminal possession of a forged instrument in the first degree is aclass C felony.S 170.35 Criminal possession of a forged instrument; no defense. In any prosecution for criminal possession of a forged instrument, itis no defense that the defendant forged or participated in the forgeryof the instrument in issue; provided that a person may not be convictedof both criminal possession of a forged instrument and forgery withrespect to the same instrument.S 170.40 Criminal possession of forgery devices. A person is guilty of criminal possession of forgery devices when: 1. He makes or possesses with knowledge of its character any plate,die or other device, apparatus, equipment, or article specificallydesigned for use in counterfeiting or otherwise forging writteninstruments; or 2. With intent to use, or to aid or permit another to use, the samefor purposes of forgery, he makes or possesses any device, apparatus,equipment or article capable of or adaptable to such use. Criminal possession of forgery devices is a class D felony.S 170.45 Criminal simulation. A person is guilty of criminal simulation when: 1. With intent to defraud, he makes or alters any object in suchmanner that it appears to have an antiquity, rarity, source orauthorship which it does not in fact possess; or 2. With knowledge of its true character and with intent to defraud, heutters or possesses an object so simulated. Criminal simulation is a class A misdemeanor.S 170.47 Criminal possession of an anti-security item. A person is guilty of criminal possession of an anti-security item,when with intent to steal property at a retail mercantile establishmentas defined in article twelve-B of the general business law, he knowinglypossesses in such an establishment an item designed for the purpose ofovercoming detection of security markings or attachments placed onproperty offered for sale at such an establishment. Criminal possession of an anti-security item is a class B misdemeanor.S 170.50 Unlawfully using slugs; definitions of terms. The following definitions are applicable to sections 170.55 and 170.60: 1. "Coin machine" means a coin box, turnstile, vending machine orother mechanical or electronic device or receptacle designed (a) toreceive a coin or bill or a token made for the purpose, and (b) inreturn for the insertion or deposit thereof, automatically to offer, toprovide, to assist in providing or to permit the acquisition of someproperty or some service. 2. "Slug" means an object or article which, by virtue of its size,shape or any other quality, is capable of being inserted or deposited ina coin machine as an improper substitute for a genuine coin, bill ortoken. 3. "Value" of a slug means the value of the coin, bill or token forwhich it is capable of being substituted.S 170.55 Unlawfully using slugs in the second degree. A person is guilty of unlawfully using slugs in the second degreewhen: 1. With intent to defraud the owner of a coin machine, he inserts ordeposits a slug in such machine; or 2. He makes, possesses or disposes of a slug with intent to enable aperson to insert or deposit it in a coin machine. Unlawfully using slugs in the second degree is a class B misdemeanor.S 170.60 Unlawfully using slugs in the first degree. A person is guilty of unlawfully using slugs in the first degree whenhe makes, possesses or disposes of slugs with intent to enable a personto insert or deposit them in a coin machine, and the value of such slugsexceeds one hundred dollars. Unlawfully using slugs in the first degree is a class E felony.S 170.65 Forgery of a vehicle identification number.A person is guilty of forgery of a vehicle identification number when: (1) He knowingly destroys, covers, defaces, alters or otherwisechanges the form or appearance of a vehicle identification number on anyvehicle or component part thereof, except tires; or (2) He removes any such number from a vehicle or component partthereof, except as required by the provisions of the vehicle and trafficlaw; or (3) He affixes a vehicle identification number to a vehicle, except inaccordance with the provisions of the vehicle and traffic law. (4) He or she, with intent to defraud, knowingly manufactures,produces or reproduces a vehicle identification number label, sticker orplate which was not manufactured, produced or reproduced in accordancewith the rules and regulations promulgated by the United States NationalHighway Safety Administration and/or in accordance with the provisionsof the state vehicle and traffic law. Forgery of a vehicle identification number is a class E felony.S 170.70 Illegal possession of a vehicle identification number. A person is guilty of illegal possession of a vehicle identificationnumber when: (1) He knowingly possesses a vehicle identification number label,sticker or plate which has been removed from the vehicle or vehicle partto which such label, sticker or plate was affixed by the manufacturer inaccordance with 49 U.S.C. section 32101, et seq. and regulationspromulgated thereunder or in accordance with the provisions of thevehicle and traffic law; or (2) He knowingly possesses a vehicle or vehicle part to which isattached a vehicle identification number label, sticker or plate or onwhich is stamped or embossed a vehicle identification number which hasbeen destroyed, covered, defaced, altered or otherwise changed, or avehicle or vehicle part from which a vehicle identification numberlabel, sticker or plate has been removed, which label, sticker or platewas affixed in accordance with 49 U.S.C. section 32101, et seq. orregulations promulgated thereunder, except when he has complied with theprovisions of the vehicle and traffic law and regulations promulgatedthereunder; or (3) He knowingly possesses a vehicle, or part of a vehicle to which bylaw or regulation must be attached a vehicle identification number,either (a) with a vehicle identification number label, sticker, or platewhich was not affixed by the manufacturer in accordance with 49 U.S.C.section 32101, et seq. or regulations promulgated thereunder, or inaccordance with the provisions of the vehicle and traffic law orregulations promulgated thereunder, or (b) on which is affixed, stampedor embossed a vehicle identification number which was not affixed,stamped or embossed by the manufacturer, or in accordance with 49 U.S.C.section 32101, et seq. or regulations promulgated thereunder or inaccordance with the provisions of the vehicle and traffic law orregulations promulgated thereunder. Illegal possession of a vehicle identification number is a class E felony.S 170.71 Illegal possession of a vehicle identification number; presumptions. (1) A person is presumed to knowingly possess a vehicle or vehiclepart in violation of subdivision two of section 170.70, when hepossesses any combination of five such whole vehicles or individualvehicle parts, none of which are attached to or contained in the samevehicle. (2) A person is presumed to knowingly possess a vehicle or vehiclepart in violation of subdivision three of section 170.70, when hepossesses any combination of five such whole vehicles or individualvehicle parts, none of which are attached to or contained in the samevehicle.S 170.75 Fraudulent making of an electronic access device in the second degree. A person is guilty of fraudulent making of an electronic access devicein the second degree when, with intent to defraud, deceive or injureanother, he falsely makes, completes or alters two or more electronicaccess devices, as that term is defined in subdivision eight of section170.00 of this article. Fraudulent making of an electronic access device in the second degreeis a class D felony.Top of Page

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