Uttering
Encyclopedia
In the law of countries whose legal systems derive from English common law, uttering is a crime
similar to forgery
. Uttering and forgery were originally common law
offences, both misdemeanours. Forgery was the creation of a forged document, with the intent to defraud; whereas uttering was merely use — the passing — of a forged document, that someone else had made, with the intent to defraud. In law, uttering is synonymous with publication, and the distinction made between the common law offences was that forgery was the fabrication of a forged instrument (with the intent to defraud) and uttering was the publication of that instrument (with the intent to defraud). Statute law offences of forgery replace the common law offences nowadays, often subsuming the offence of uttering, and forgery is usually a crime
rather than a misdemeanour.
document
is a statutory crime
in Canada
. The offence is created by section 368 of the Criminal Code
. It is an indictable offence
and is punishable with imprisonment for a term not exceeding ten years.
.
History
See section 6 of the Forgery Act 1913
.
Section 29(1)(i) of the Larceny Act 1916
formerly created the offence of uttering a letter or writing demanding property with menaces.
. As an example of the law itself, the State of Michigan defines the offense (MCL 750.249): "Any person who utters and publishes as true any false, forged, altered or counterfeit record, deed
, instrument or other writing specified, knowing it to be false, altered, forged, or counterfeit, with intent to injure or defraud
is guilty of uttering and publishing."
Forging or illegal "publishing" of an official or unofficial document is not the essence of uttering. Uttering is the actual presentation of forged or official documentation as one's own.
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
similar to forgery
Forgery
Forgery is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations. Forging money or...
. Uttering and forgery were originally common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
offences, both misdemeanours. Forgery was the creation of a forged document, with the intent to defraud; whereas uttering was merely use — the passing — of a forged document, that someone else had made, with the intent to defraud. In law, uttering is synonymous with publication, and the distinction made between the common law offences was that forgery was the fabrication of a forged instrument (with the intent to defraud) and uttering was the publication of that instrument (with the intent to defraud). Statute law offences of forgery replace the common law offences nowadays, often subsuming the offence of uttering, and forgery is usually a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
rather than a misdemeanour.
Canada
Uttering a forgedForgery
Forgery is the process of making, adapting, or imitating objects, statistics, or documents with the intent to deceive. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations. Forging money or...
document
Document
The term document has multiple meanings in ordinary language and in scholarship. WordNet 3.1. lists four meanings :* document, written document, papers...
is a statutory crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
. The offence is created by section 368 of the Criminal Code
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
. It is an indictable offence
Indictable offence
In many common law jurisdictions , an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury...
and is punishable with imprisonment for a term not exceeding ten years.
England and Wales and Northern Ireland
See section 36 of the Forgery Act 1861Forgery Act 1861
The Forgery Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland . It consolidated provisions related to forgery from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with...
.
History
See section 6 of the Forgery Act 1913
Forgery Act 1913
The Forgery Act 1913 was an Act of the Parliament of the United Kingdom.This Act was repealed for England and Wales and Northern Ireland by section 30 of, and Part I of the Schedule to, the Forgery and Counterfeiting Act 1981...
.
Section 29(1)(i) of the Larceny Act 1916
Larceny Act 1916
The Larceny Act 1916 was an Act of the Parliament of the United Kingdom. Its purpose was to consolidate and simplify the law relating to larceny triable on indictment and to kindred offences ....
formerly created the offence of uttering a letter or writing demanding property with menaces.
Scotland
In Scotland Uttering forged writings is a crime defined as "using as genuine a fabricated writing falsely intended to pass as genuine the writing of another person".United States
In the U.S., uttering is the act of offering a forged document to another when the offeror has knowledge that the document is forged. Uttering does not require that the person who presented the document actually forged or altered the document. For example, forging a log for personal profit might be considered uttering and publishing. Another example would be the forging of a university diplomaDiploma
A diploma is a certificate or deed issued by an educational institution, such as a university, that testifies that the recipient has successfully completed a particular course of study or confers an academic degree. In countries such as the United Kingdom and Australia, the word diploma refers to...
. As an example of the law itself, the State of Michigan defines the offense (MCL 750.249): "Any person who utters and publishes as true any false, forged, altered or counterfeit record, deed
Deed
A deed is any legal instrument in writing which passes, or affirms or confirms something which passes, an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions sealed...
, instrument or other writing specified, knowing it to be false, altered, forged, or counterfeit, with intent to injure or defraud
Fraud
In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation...
is guilty of uttering and publishing."
Forging or illegal "publishing" of an official or unofficial document is not the essence of uttering. Uttering is the actual presentation of forged or official documentation as one's own.