21-3710. Forgery. - Kansas Statutes

21-3710

Chapter 21.--CRIMES AND PUNISHMENTS PART II.--PROHIBITED CONDUCT Article 37.--CRIMES AGAINST PROPERTY

      21-3710.   Forgery.(a) Forgery is knowingly and with intent to defraud:

      (1)   Making, altering or endorsing any written instrument in suchmanner that it purports to have been made, altered or endorsed byanother person, either real or fictitious, and if a real person withoutthe authority of such person; or altering any written instrument insuch manner that it purports to have been made at another time or withdifferent provisions without the authority of the maker thereof; ormaking, altering or endorsing any written instrument in such manner thatit purports to have been made, altered or endorsed with the authority ofone who did not give such authority;

      (2)   issuing or delivering such written instrument knowing it tohave been thus made, altered or endorsed; or

      (3)   possessing, with intent to issue or deliver, any suchwritteninstrument 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 a violation of this section, in addition toanyother sentence imposed, a person shall be fined the lesser of the amount of theforged instrument or $500.

      (3)   On a second conviction of a violation of this section, a person shall berequired 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 a violation of this section, aperson shall be required to serve at least 45 days' imprisonment as a conditionof 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 themandatory sentence as provided herein.

      (c)   In any prosecution under this section, it may be alleged inthe complaint or information that it is not known whether a purported personis real or fictitious, and in such case there shall be a rebuttablepresumption that such purported person is fictitious.

      History:   L. 1969, ch. 180, § 21-3710; L. 1972, ch. 118, § 1;L. 1984, ch. 119, § 6;L. 1992, ch. 239, § 108;L. 1993, ch. 291, § 70;L. 2001, ch. 186, § 1; July 1.