Uttering a forged instrument is the passing or making use of a forged writing or document with knowledge of its forged nature. Uttering is a crime usually charged in conjunction with a forgery. “Utter” means and includes using or dealing with, and attempting to use or deal with, and attempting to induce any person to use, deal with, or act upon, the thing in question. The uttering must have been done with intent to defraud. It is not necessary to prove an intent to defraud any particular person. Falsification of information on employment applications has also been held to involve uttering.
The elements of the crime of uttering include:
- Passing or making use -- This is any putting into circulation a writing or document that involves forgery.
- Intent to defraud.
- Knowledge of forgery -- suspicion of something unusual may satisfy this element.