Forgery in Massachusetts is charged under G.L. c. 267, § 1. Using a forged document, which the law calls "uttering," is a separate crime under § 5. Both are felonies. District Court Instructions 8.160 and 8.240 set out what the Commonwealth must prove beyond a reasonable doubt.
At a Glance: Forgery and Uttering
Up to 10 years
in state prison, or up to 2 years in jail, for each crime
Felony
because both carry state prison time
The document
forgery is about whether the document is genuine, not whether its contents are true
Intent to defraud
no particular victim, and no actual loss, is required
The law: G.L. c. 267, §§ 1 and 5; District Court Instructions 8.160 and 8.240 (October 2024)
What the Law Covers
Section 1 applies to anyone who, with intent to injure or defraud, falsely makes, alters, forges, or counterfeits a listed document. The list includes:
public records, and certificates or attestations of clerks, notaries, and other public officers;
deeds, wills, bonds, powers of attorney, insurance policies, bills of exchange, and promissory notes;
orders, acquittances, or discharges for money or other property, such as checks;
credit cards and certain traveler's checks;
endorsements, receipts, stock certificates, and evidence of title to property.
Section 5 makes it a crime to utter and publish as true one of these documents, with intent to injure or defraud, knowing it is false, forged, or altered.
What the Commonwealth Must Prove: Forgery
Under Instruction 8.160, the Commonwealth must prove three things beyond a reasonable doubt:
You falsified or altered one or more significant parts of the document, or counterfeited it to make it look genuine.
The document was, or appeared to be, one the statute covers, such as a check, promissory note, or order for property.
You acted with intent to injure or defraud.
Forgery is about whether the document itself is genuine, not whether what it says is true. A document full of false statements is not forged just because the statements are false. A genuine document is "altered" when a significant part is changed, such as a dollar amount, an important date, or a name.
What the Commonwealth Must Prove: Uttering
Under Instruction 8.240, the Commonwealth must prove four things:
You offered or passed the document as true and genuine.
It was falsely made, forged, or altered.
You knew it was falsely made, forged, or altered.
You offered or passed it with the specific intent to injure or defraud.
The document doesn't have to be accepted. Offering it is enough. You don't have to have made it yourself, but the Commonwealth must prove you knew it was false.
Intent to Defraud
Both instructions define intent to defraud as acting knowingly with the aim of deceiving or cheating another, often for some gain. It does not have to be aimed at a particular person.
Penalties
Forgery (§ 1): up to 10 years in state prison or up to 2 years in jail.
Uttering (§ 5): up to 10 years in state prison or up to 2 years in jail.
Because both can be punished in state prison, both are felonies.
Defenses
Authority: you had permission to sign or fill in the document. If this is properly raised, the Commonwealth must prove you lacked authority. Under the instruction, written notice of the defense must be given before trial.
Genuine document: the document is genuine even if some of its contents are false.
No significant change: nothing significant was falsified or altered.
No knowledge: for uttering, you didn't know the document was false.
No intent to defraud: a mistake or a misunderstanding, not deception.
Identification: who actually made or changed the document.
Why a Lawyer Matters
Forgery and uttering are felonies that often come out of family, business, or employment disputes. Questions of authority and intent are frequently where these cases are won. I have defended criminal cases for 23 years. If you have been charged with forgery or uttering, call 781-393-5900.
Related Charges
Larceny by check (G.L. c. 266, § 37): passing a check you know won't be paid, with intent to defraud.
Identity fraud (G.L. c. 266, § 37E): using another person's identifying information to obtain money or credit.
Larceny by stealing (G.L. c. 266, § 30): taking another's property with intent to deprive them of it permanently.
Disclaimer
This information is for general educational purposes only and not legal advice. Laws change. For advice about a specific case, speak with a licensed Massachusetts attorney.
