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USA Statutes : maine
Title : Title 17-A. MAINE CRIMINAL CODE
Chapter : Chapter 29. FORGERY AND RELATED OFFENSES
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Title 17-A - §702. Aggravated forgery
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 29: FORGERY AND RELATED OFFENSES
§702. Aggravated forgery
1. A person is guilty of aggravated forgery if, with intent to defraud or deceive another person or government, he falsely
makes, completes, endorses or alters a written instrument, or knowingly utters or possesses such an instrument, and the instrument
is:
A. Part of an issue of money, stamps, securities or other valuable instruments issued by a government or governmental instrumentality;
[1975, c. 499, § 1 (new).]
B. Part of an issue of stocks, bonds or other instruments representing interests in or claims against an organization or its
property;
[1975, c. 499, § 1 (new).]
C. A will, codicil or other instrument providing for the disposition of property after death;
[1975, c. 499, § 1 (new).]
D. A public record or an instrument filed or required or authorized by law to be filed in or with a public office or public
employee; or
[1975, c. 499, § 1 (new).]
E.
[1989, c. 187, §1 (rp).]
[1989, c. 187, §1 (amd).]
2. Aggravated forgery is a Class B crime.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§76
(AMD).
PL 1989,
Ch. 187,
§1
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §703. Forgery
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 29: FORGERY AND RELATED OFFENSES
§703. Forgery
1. A person is guilty of forgery if, with the intent to defraud or deceive another person or government:
A. The person falsely makes, completes, endorses or alters a written instrument, or knowingly utters or possesses such an instrument.
Violation of this paragraph is a Class D crime;
[2001, c. 383, §75 (amd); §156 (aff).]
A-1. The person violates paragraph A and:
(1) The face value of the written instrument or the aggregate value of the instruments is more than $10,000. Violation
of this subparagraph is a Class B crime;
(2) The face value of the written instrument or the aggregate value of the instruments is more than $1,000 but not more
than $10,000. Violation of this subparagraph is a Class C crime; or
(3) At the time of the forgery, the person has 2 prior convictions for any combination of the following: theft; violation
or attempted violation of this section; any violation or attempted violation of section 401 if the intended crime within the
structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft;
any violation or attempted violation of section 651; or any violation or attempted violation of section 702 or 708. Section
9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime;
[2001, c. 667, Pt. D, §13 (amd); §36 (aff).]
B. The person causes another, by deception, to sign or execute a written instrument, or utters such an instrument. Violation
of this paragraph is a Class D crime; or
[2001, c. 383, §75 (amd); §156 (aff).]
B-1. The person violates paragraph B and:
(1) The face value of the written instrument or the aggregate value of the instruments is more than $10,000. Violation
of this subparagraph is a Class B crime;
(2) The face value of the written instrument or the aggregate value of the instruments is more than $1,000 but not more
than $10,000. Violation of this subparagraph is a Class C crime; or
(3) At the time of the forgery, the person has 2 prior convictions for any combination of the following: theft; violation
or attempted violation of this section; any violation or attempted violation of section 401 if the intended crime within the
structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor vehicle is theft;
any violation or attempted violation of section 651; or any violation or attempted violation of section 702 or 708. Section
9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph is a Class C crime.
[2001, c. 667, Pt. D, §13 (amd); §36 (aff).]
[2001, c. 667, Pt. D, §13 (amd); §36 (aff).]
2.
[2001, c. 667, Pt. D, §13 (rp); §36 (aff).]
3. Amounts of value involved in forgeries may be aggregated in the same manner as provided in section 352, subsection 5, paragraph
E. Prosecution of an aggregated forgery may be brought in any venue in which one of the aggregated forgeries was committed.
[1989, c. 187, §3 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§77,78
(AMD).
PL 1977,
Ch. 510,
§58
(AMD).
PL 1981,
Ch. 317,
§21
(AMD).
PL 1989,
Ch. 187,
§2,3
(AMD).
PL 1995,
Ch. 224,
§6
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 383,
§75,76
(AMD).
PL 2001,
Ch. 389,
§6
(AMD).
PL 2001,
Ch. 667,
§D13,14
(AMD).
PL 2001,
Ch. 667,
§D36
(AFF).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §704. Possession of forgery devices
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 29: FORGERY AND RELATED OFFENSES
§704. Possession of forgery devices
1. A person is guilty of possession of forgery devices if:
A. He makes or possesses with knowledge of its character, any plate, die or other device, apparatus, equipment or article specifically
designed or adapted for use in committing aggravated forgery or forgery; or
[1975, c. 499, § 1 (new).]
B. He makes or possesses any device, apparatus, equipment, or article capable of or adaptable to use in committing an aggravated
forgery or forgery, with the intent to use it himself, or to aid or permit another to use it for purposes of committing aggravated
forgery or forgery.
[1975, c. 499, § 1 (new).]
[1975, c. 499, § 1 (new).]
2. Possession of forgery devices is a Class E crime.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §705. Criminal simulation
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 29: FORGERY AND RELATED OFFENSES
§705. Criminal simulation
1. A person is guilty of criminal simulation if:
A. With intent to defraud, he makes or alters any property so that it appears to have an age, rarity, quality, composition,
source or authorship which it does not in fact possess; or with knowledge of its true character and with intent to defraud,
he transfers or possesses property so simulated; or
[1975, c. 499, § 1 (new).]
B. In return for a pecuniary benefit;
(1) he authors, prepares, writes, sells, transfers or possesses with intent to sell or transfer, an essay, term paper or
other manuscript knowing that it will be, or believing that it probably will be, submitted by another person in satisfaction
of a course, credit or degree requirement at a university or other degree, diploma or certificate-granting educational institution;
or
(2) he takes an examination for another person in satisfaction of a course, credit or degree requirement at a university
or other degree, diploma or certificate-granting educational institution;
[1975, c. 499, § 1 (new).]
C. He knowingly makes, gives or exhibits a false pedigree in writing of any animal; or
[1975, c. 499, § 1 (new).]
D. With intent to defraud and to prevent identification:
(1) He alters, removes or obscures the manufacturer's serial number or any other distinguishing identification number, mark
or symbol upon any automobile, snowmobile, outboard motor, motorboat, aircraft or any other vehicle or upon any machine, firearm
or other object; or
(2) He possesses any such object or any such item after that number has been altered, removed or obscured.
[1979, c. 129 (rpr).]
[1979, c. 129 (amd).]
2. Criminal simulation is a Class E crime.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1979,
Ch. 129,
§
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §706. Suppressing recordable instrument
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 29: FORGERY AND RELATED OFFENSES
§706. Suppressing recordable instrument
1. A person is guilty of suppressing a recordable instrument if, with intent to defraud anyone, he falsifies, destroys, removes
or conceals any will, deed, mortgage, security instrument or other writing for which the law provides public recording, whether
or not it is in fact recorded.
[1975, c. 499, § 1 (new).]
2. Suppressing a recordable instrument is a Class E crime.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §707. Falsifying private records
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 29: FORGERY AND RELATED OFFENSES
§707. Falsifying private records
1. A person is guilty of falsifying private records if, with intent to defraud any person, he:
A. Makes a false entry in the records of an organization, or
[1975, c. 499, § 1 (new).]
B. Alters, erases, obliterates, deletes, removes or destroys a true entry in the records of an organization; or
[1975, c. 499, § 1 (new).]
C. Omits to make a true entry in the records of an organization in violation of a duty to do so which he knows to be imposed
on him by statute; or
[1975, c. 499, § 1 (new).]
D. Prevents the making of a true entry or causes the omission thereof in the records of an organization.
[1975, c. 499, § 1 (new).]
[1975, c. 499, § 1 (new).]
2. Falsifying private records is a Class E crime.
[1975, c. 499, § 1 (new).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 17-A - §708. Negotiating a worthless instrument
Title 17-A: MAINE CRIMINAL CODE
Part 2: SUBSTANTIVE OFFENSES
Chapter 29: FORGERY AND RELATED OFFENSES
§708. Negotiating a worthless instrument
1. A person is guilty of negotiating a worthless instrument if:
A. The person intentionally issues or negotiates a negotiable instrument knowing that it will not be honored by the maker or
drawee. Violation of this paragraph is a Class E crime; or
[2001, c. 383, §77 (new); §156 (aff).]
B. The person violates paragraph A and:
(1) The face value of the written instrument or the aggregate value of the instruments is more than $10,000. Violation
of this subparagraph is a Class B crime;
(2) The face value of the written instrument or the aggregate value of the instruments is more than $1,000 but not more
than $10,000. Violation of this subparagraph is a Class C crime;
(3) The face value of the negotiable instrument is more than $500 but not more than $1,000. Violation of this subparagraph
is a Class D crime; or
(4) At the time of negotiating a worthless instrument, the person has 2 prior convictions for any combination of the following:
theft; violation or attempted violation of this section; any violation or attempted violation of section 401 if the intended
crime within the structure is theft; any violation of section 405 in which the crime intended to be committed inside the motor
vehicle is theft; any violation or attempted violation of section 651; or any violation or attempted violation of section
702 or 708. Section 9-A governs the use of prior convictions when determining a sentence. Violation of this subparagraph
is a Class C crime.
[2001, c. 667, Pt. D, §15 (amd); §36 (aff).]
[2001, c. 667, Pt. D, §15 (amd); §36 (aff).]
2. Proof of the following gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person
issuing or negotiating the instrument knew that it would not be honored:
A. The drawer had no account with the drawee at the time the instrument was negotiated; or
[1975, c. 499, §1 (new).]
B. Payment was refused by the drawee for lack of funds upon presentment made within the time frame specified in Title 11, section
3-1304, and the drawer failed to honor the drawer's contract within 5 days after actual receipt of a notice of dishonor, as
defined in Title 11, section 3-1503, provided that this time limit is tolled during one subsequent representment of the negotiable
instrument.
[1995, c. 38, §1 (amd).]
[2001, c. 383, §78 (amd); §156 (aff).]
2-A. The following evidentiary provisions apply.
A. Proof that there is a purported stamp or writing of the drawee, payor bank or presenting bank on or accompanying the instrument
that states "no account," "account closed" or some other terminology indicating that the instrument was not honored because
no account existed gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person who issued
or negotiated the instrument has no account with the drawee at the time the instrument was issued or negotiated.
[2001, c. 383, §79 (amd); §156 (aff).]
B. Proof that there is a purported stamp or writing of the drawee, payor bank or presenting bank on or accompanying the instrument
that states "insufficient funds," "NSF" or some other terminology indicating that the instrument was not honored due to lack
of funds gives rise to a permissible inference under the Maine Rules of Evidence, Rule 303 that the person who issued or negotiated
the instrument had insufficient funds with the drawee at the time the instrument was issued or negotiated.
[2001, c. 383, §79 (amd); §156 (aff).]
C. The purported stamp or writing of the drawee, payor bank or presenting bank on or accompanying a negotiable instrument is
admissible in evidence in any court of the State, unless the defendant requests in writing at least 10 days before trial that
the prosecution provide a qualified witness to testify as to why the instrument was not honored.
[1997, c. 253, §1 (new).]
[2001, c. 383, §79 (amd); §156 (aff).]
3. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Issue" has the meaning provided in Title 11, section 3-1105, subsection (1).
[1995, c. 38, §2 (amd).]
A-1. "Drawee" has the meaning provided in Title 11, section 3-1103, subsection (1), paragraph (b).
[1995, c. 38, §2 (new).]
A-2. "Drawer" has the meaning provided in Title 11, section 3-1103, subsection (1), paragraph (c).
[1995, c. 38, §2 (new).]
B. "Negotiable instrument" has the meaning provided in Title 11, section 3-1104.
[1995, c. 38, §2 (amd).]
C. "Negotiation" and its variants have the meaning provided in Title 11, section 3-1201.
[1995, c. 38, §2 (amd).]
[1995, c. 38, §2 (amd).]
3-A. Amounts of face value of negotiable instruments involved in violations of this section committed pursuant to one scheme
or course of conduct, whether the instruments were issued or negotiated to the same person or several persons, may be aggregated
to charge a single violation of this section of appropriate class. Subject to the requirement that the conduct of the defense
may not be prejudiced by lack of fair notice or by surprise, the court may at any time order that a single aggregated count
be considered as separate violations of this section. An aggregated count of violations of this section may not be deemed
duplicitous because of such an order and no election may be required. Prosecution may be brought in any venue in which one
of the violations of this section that have been aggregated was committed.
[2001, c. 383, §80 (amd); §156 (aff).]
4.
[2001, c. 383, §81 (rp); §156 (aff); 2003, c. 1, §6 (amd).]
Section History:
PL 1975,
Ch. 499,
§1
(NEW).
PL 1975,
Ch. 740,
§79
(AMD).
PL 1977,
Ch. 510,
§59
(AMD).
PL 1981,
Ch. 317,
§22
(AMD).
PL 1983,
Ch. 198,
§1,2
(AMD).
PL 1989,
Ch. 186,
§
(AMD).
PL 1995,
Ch. 38,
§1,2
(AMD).
PL 1995,
Ch. 224,
§7
(AMD).
PL 1997,
Ch. 253,
§1
(AMD).
PL 2001,
Ch. 383,
§156
(AFF).
PL 2001,
Ch. 383,
§77-81
(AMD).
PL 2001,
Ch. 389,
§7
(AMD).
PL 2001,
Ch. 667,
§D15
(AMD).
PL 2001,
Ch. 667,
§D36
(AFF).
PL 2003,
Ch. 1,
§6
(AMD).
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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