21-5823. Forgery. (a) Forgery is, with intent to defraud:
(1) Making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed by another person, either real or fictitious, and if a real person without the authority of such person; or altering any written instrument in such manner that it purports to have been made at another time or with different provisions without the authority of the maker thereof; or making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed with the authority of one who did not give such authority;
(2) issuing or distributing such written instrument knowing it to have been thus made, altered or endorsed; or
(3) possessing, with intent to issue or distribute, any such written instrument knowing it to have been thus made, altered or endorsed.
(b) (1) Forgery is a severity level 8, nonperson felony.
(2) On a first conviction of forgery, in addition to any other sentence imposed, a person shall be fined the lesser of the amount of the forged instrument or $500.
(3) On a second conviction of forgery, a person shall be required to serve at least 30 days' imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $1,000.
(4) On a third or subsequent conviction of forgery, a person shall be required to serve at least 45 days' imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $2,500.
(5) The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the mandatory sentence as provided herein.
(c) In any prosecution under this section, it may be alleged in the complaint or information that it is not known whether a purported person is real or fictitious, and in such case there shall be a rebuttable presumption that such purported person is fictitious.
History: L. 2010, ch. 136, ยง 109; July 1, 2011.
Source or Prior Law:
21-3710.
CASE ANNOTATIONS
1. The principal factor distinguishing forgery and making false information is that forgery involves the making, altering or endorsing a written instrument that appears to have been made by another without that person's consent; defendant's addition of name to payee line of check constituted forgery rather than making false information. State v. Ward, 52 Kan. App. 2d 663, 671-678, 372 P.3d 417 (2016), review granted (Feb. 15, 2017). See case annotation number 2.
2. On the facts of this case, evidence that the defendant altered the payee line of a check was insufficient to prove that the defendant made false information. State v. Ward, 307 Kan. 245, 408 P.3d 954 (2018).
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