Forgery Laws in Ohio

In Ohio, it's a forgery offense to make, alter, or pass off any writing or identification card with the intent to defraud. The related offense of criminal simulation applies to forged objects.

What Is Forgery in Ohio?

In Ohio, a person commits forgery by making, altering, signing, or authenticating a writing, with intent to defraud, so it purports to be:

• made by someone who didn't authorize it
• made at a different time or place or with different terms
• a genuine when it's actually fake, or
• a copy of an original that never existed.

Anyone who knows a writing is forged and uses it or puts it into circulation—or intends to—also commits forgery.

Types of Writings

Not all writings are included in the definition of forgery—only writings that can be used to the advantage or disadvantage of some person or as identification. Some examples include government and business papers, estate documents, contracts, and admission tickets.

Ohio law broadly defines "writings" to include written or printed documents, memos or notes, computer software, data, film, tokens, stamps, seals, credit cards, badges, trademarks, labels, or other symbols of value, right, privilege, license, or identification.

Purpose to Defraud

A key element of forgery requires the purpose to defraud. The prosecutor must prove that the defendant forged the writing with the specific intent of deceiving or injuring someone's interest or benefiting oneself to the detriment of another. A forged writing meant as a joke, a sample, or otherwise having no value or significance isn't a criminal forgery.

Examples of Forgery

Some examples of forgery include selling fake concert tickets, making fake employee badges, altering an invoice date or amount, or signing a lease with someone else's name. With any of these examples, the offender must intend to deceive or defraud another for forgery to occur.

What Are the Penalties for Forgery in Ohio?

Forgery offenses are felonies in Ohio. The exact penalty depends on the amount involved or losses suffered by the victim. Victimizing an elderly victim (age 65 or older) or disabled adult increases the penalties and results in mandatory restitution and an additional fine.

Felony in the fifth degree. Forgeries start as fifth-degree felonies, punishable by 6 to 12 months of incarceration and a $2,500 fine. These offenses include forgeries involving less than $7,500 or, if the victim is an elderly or disabled adult, less than $100.

Felony in the fourth degree. Fourth-degree felony penalties apply to forgeries involving $7,500 or more but less than $150,000 or, if the victim is an elderly or disabled adult, $100 or more but less than $7,500. A conviction can mean 6 to 18 months of incarceration and up to a $5,000 fine.

Felony in the third degree. This offense level covers forgeries involving $150,000 or more or, if the victim is an elderly or disabled adult, $7,500 or more but less than $37,500. This offense level carries a prison term of 9 months to 3 years, plus a maximum $10,000 fine.

Felony in the second degree. The harshest penalties apply to forgeries involving $37,500 or more when the victim is an elderly or disabled adult. Second-degree felonies carry possible prison time of 2 to 8 years and up to $15,000 in fines.

(Ohio Rev. Code §§ 2913.01, 2913.31 (2024).)

What Is Forgery of Identification Cards in Ohio?

Ohio's forgery law also makes it a crime to forge an identification card or to sell or distribute forged identification cards. To be convicted, a person must know the card is forged. This offense is a misdemeanor of the first degree, punishable by up to 180 days in jail and a $1,000 fine.

(Ohio Rev. Code § 2913.31 (2024).)

What Is Criminal Simulation in Ohio?

Criminal simulation is similar to forgery but involves objects and recordings. A person commits criminal simulation by doing any of the following with the intent to defraud or facilitate a fraud:

• make or alter an object so it appears to have value due to antiquity, rarity, curiosity, source, or authorship
• make, retouch, edit, or reproduce any video, film, photo, record, or recording tape
• falsely make, simulate, forge, alter, or counterfeit any label, stamp, cork, or cap purported to be authorized by liquor control, or
• distribute, sell, or possess with the intent of selling or distributing any of the above objects knowing it's forged.

Examples of criminal simulation include making or selling bags, clothes, or shoes with forged designer labels, signing a fake signature in a rare book to increase its value, or pirating a movie and distributing it.

What Are the Penalties for Criminal Simulation in Ohio?

Criminal simulation offenses are felonies and misdemeanors in Ohio. The exact penalty depends on the losses suffered by the victim.

Misdemeanor in the first degree. Criminal simulation starts as a misdemeanor of the first degree, punishable by up to 180 days in jail and a $1,000 fine. This offense applies when the victim's loss is less than $1,000.

Felony in the fifth degree. Fifth-degree felony penalties apply when losses to a victim are $1,000 or more but less than $7,500. This felony level carries 6 to 12 months of incarceration and up to $2,500 in fines.

Felony in the fourth degree. Fourth-degree felony penalties apply when losses to a victim total $7,500 or more but less than $150,000. A conviction can mean 6 to 18 months of incarceration and up to $5,000 in fines.

Felony in the third degree. This offense level covers losses to victims involving $150,000 or more. A third-degree felony is punishable by 9 months to 3 years of prison time and a maximum $10,000 fine.

(Ohio Rev. Code § 2913.32 (2024).)

Consult an Attorney

If you face an investigation or charges for forgery or criminal simulation, talk to a criminal defense attorney or public defender as soon as possible. A lawyer can help protect your rights, mount a defense, and help you navigate the criminal system.