In Tennessee, it's forgery to make, alter, or pass off any writing with the intent to defraud or harm another. The related offense of criminal simulation applies to forged objects. Both crimes are felonies.
A person commits forgery in Tennessee by making, altering, signing, or authenticating, with intent to defraud or harm another, a writing so it purports to be made:
It's also forgery to do any of the following with intent to defraud or harm:
A writing can include printed or written documents, money, coins, tokens, stamps, seals, credit cards, badges, trademarks, and symbols of value, right, privilege, or identification.
Examples of forgery include:
Intent to defraud or injure another means an intent to get money or property that isn't intended for the offender, or to take legal action that the offender is not authorized to do, such as transferring property. Injury refers to a loss of money or other legal or financial injury. Because the crime requires proof of intent only, it's not necessary for a conviction that the defendant cause the intended harm.
(Tenn. Code § 39-14-114 (2024).)
Criminal simulation is similar to forgery. A person commits criminal simulation by doing any of the following with the intent to defraud or harm another:
It's also considered criminal simulation to possess, knowing its character, the following:
Examples of criminal simulation include making or trying to sell bags, clothes, or shoes with forged designer labels or signing a fake signature in a rare book to increase its value.
(Tenn. Code § 39-14-115 (2024).)
Forgery and criminal simulation are felony offenses. Tennessee classifies these offenses primarily by the amount of harm done. But even if the crime results in no monetary or other loss to a victim, the law sets the minimum penalty as a class E felony.
Class A felony. If the loss is $250,000 or more, forgery or criminal simulation is a class A felony. A conviction carries a possible sentence of 15 to 60 years in prison and up to $50,000 in fines.
Class B felony. If the loss is $60,000 or more but less than $250,000, forgery or criminal simulation is a class B felony. A conviction carries a possible sentence of 8 to 30 years in prison and up to $25,000 in fines.
Class C felony. If the loss is $10,000 or more but less than $60,000, forgery or criminal simulation is a class C felony. A conviction carries a possible sentence of 3 to 15 years in prison and up to $10,000 in fines.
Class D felony. If the loss is $2,500 or more but less than $10,000, forgery or criminal simulation is a class D felony. A conviction carries a possible sentence of 2 to 12 years in prison and up to $5,000 in fines.
Class E felony. If the loss is less than $2,500, forgery or criminal simulation is a class E felony. A conviction carries a possible sentence of one to 6 years in prison and up to $3,000 in fines.
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.