Uttering refers to the act of passing or using a forged document or writing while knowing it is not genuine. This illegal activity often occurs alongside forgery charges. To "utter" means to deal with or attempt to induce others to use or act upon a forged item. A key aspect of uttering is the intent to defraud, which does not require proof of intent to deceive a specific individual.
Uttering is primarily addressed within criminal law, particularly in cases involving fraud and forgery. It can involve various scenarios, such as presenting a forged check or using a falsified document for employment applications. Users may find legal templates from US Legal Forms helpful for managing situations related to uttering, especially when preparing necessary documents or responses.
Here are a couple of examples of abatement:
Example 1: A person presents a forged check at a bank, knowing it is not legitimate. This act constitutes uttering.
Example 2: An individual submits a falsified employment application that includes a forged diploma, intending to mislead the employer. This also qualifies as uttering.
Examples of state differences (not exhaustive):
| State | Specific Considerations |
|---|---|
| California | Uttering is a felony, with serious penalties including imprisonment. |
| Texas | Uttering a forged instrument can be charged as a misdemeanor or felony, depending on the amount involved. |
| New York | Uttering is categorized under forgery laws, with varying degrees based on the document's nature. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Differences |
|---|---|---|
| Forgery | The act of creating a false document or altering a genuine one. | Uttering involves the use of the forged document, while forgery is about its creation. |
| Fraud | Deceptive practices intended to secure unfair or unlawful gain. | Uttering is a specific type of fraud related to forged documents. |
If you find yourself facing charges related to uttering, it is essential to understand your rights and options. Consider the following steps:
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Uttering refers to the act of using a forged document, while forgery is the creation or alteration of a document.