What is possession of a forged instrument in Kentucky?

Kentucky statutes define three different levels of offense for someone who is in possession of a forged instrument. The first-degree offense is the most serious. Penalties for possession of a forged instrument include community service, fines, and imprisonment. Here are the rules:

First-degree (Kentucky Revised Statues section 516.050):

(1) A person is guilty of criminal possession of a forged instrument in the first degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in KRS 516.020. (2) Criminal possession of a forged instrument in the first degree is a Class C felony.

Second-degree (Kentucky Revised Statues section 516.060):

 (1) A person is guilty of criminal possession of a forged instrument in the second degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses any forged instrument of a kind specified in KRS 516.030. (2) Criminal possession of a forged instrument in the second degree is a Class D felony.

Third-degree (Kentucky Revised Statues section 516.070):

(1) A person is guilty of criminal possession of a forged instrument in the third degree when, with knowledge that it is forged and with intent to defraud, deceive or injure another, he utters or possesses a forged instrument. (2) Criminal possession of a forged instrument in the third degree is a Class A misdemeanor.

 “Uttering” a forged instrument means offering it in place of a genuine document—for example, cashing a forged check. You can be guilty of uttering a forged document even if you didn’t do the actual forging.