Test 3. Title 16 Chapter 9 (Forgery and Fraudulent))

Question 1

§ 16-9-1

Offense of Forgery (1st degree)

What are the elements?

Answer 1

> intent to defraud

> person makes, alters writing (Not a check)

> utters or delivers writing

> Felony

Question 2

§ 16-9-1

Offense of Forgery (2nd degree)

What are the elements?

Answer 2

> intent to defraud

> In possession

> person makes, alters writing (Not a check)

> > Example: Fake Money

> Felony

Question 3

§ 16-9-1

Offense of Forgery (3rd degree)

What are the elements?

Answer 3

> intent to defraud

> Makes, utters any check
> $1,500 or more in fake
name

> > Ten or more fake checks

> Felony

Question 4

§ 16-9-1

Offense of Forgery (4th degree)

What are the elements?

Answer 4

> Intent to defraud

> Makes, utters checks

> > $1,500 or less

> > Less than 10 fake checks

> Misdemeanor

Question 5

§ 16-9-20

Deposit account fraud

What are the elements?

Answer 5

> makes, draws, utters, delivers

> deliver payment to any depository

> Not honored by drawee
> accused had no account
> payment refused due to
lack of funds

Question 6

§ 16-9-31

Financial transaction card theft

What are the elements?

Answer 6

> Person takes, obtains, withholds a financial card from another without consent

> receives card with intent to sell

Question 7

§ 16-9-32

Forgery of financial transation card

What are the elements?

Answer 7

> intent to defraud a purported issuer

> falsely makes financial card

> falsely encodes, deplicates financial card

> signs financial card without being authorized

Question 8

§ 16-9-33

Financial transaction card fraud

What are the elements?

Answer 8

> intent to defraud the issuer

> purpose of obtaining money, goods, services

> > card obtained through
fraudulent application

> > card account number is
fake