Criminal Simulation and Forgery Laws in Tennessee

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.

What Is Forgery in Tennessee?

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:

• by a person who did not authorize the act
• at another time or place
• in a different numbered sequence, or
• to look like a copy of an original that never existed.

It's also forgery to do any of the following with intent to defraud or harm:

• make false entries in records or books
• use, present, register, or transfer a forged writing (referred to as "uttering"), or
• possess a forged writing with the intent to utter it (use it).

Types of Writings

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:

• signing another person's name on a check
• altering the amount on a check without permission
• cashing a forged check at a bank
• creating a fake will, deed, or other estate document
• altering a financial document such as a promissory note, and
• using a forged instrument or document to obtain or transfer property or money.

Intent to Defraud or Harm Another

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).)

What Is Criminal Simulation in Tennessee?

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:

• make or alter a forged object so it appears to have value due to age, antiquity, rarity, source, or authorship
• possess such a forged object with the intent of selling, transferring, or passing it off as authentic, or
• authenticate or certify such a forged object as genuine.

It's also considered criminal simulation to possess, knowing its character, the following:

• machinery, plates, or instruments designed to produce fake credit or debit cards, or
• instruments or devices that can be used to commit theft of property or services by fraudulent means.

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).)

What Are the Penalties for Forgery and Criminal Simulation in Tennessee?

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.

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.