21-5823. Forgery. (a) Forgery is, with intent to defraud:
(1) Making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed by another person, either real or fictitious, and if a real person without the authority of such person; or altering any written instrument in such manner that it purports to have been made at another time or with different provisions without the authority of the maker thereof; or making, altering or endorsing any written instrument in such manner that it purports to have been made, altered or endorsed with the authority of one who did not give such authority;
(2) issuing or distributing such written instrument knowing it to have been thus made, altered or endorsed; or
(3) possessing, with intent to issue or distribute, any such written instrument knowing it to have been thus made, altered or endorsed.
(b) (1) Forgery is a severity level 8, nonperson felony.
(2) On a first conviction of forgery, in addition to any other sentence imposed, a person shall be fined the lesser of the amount of the forged instrument or $500.
(3) On a second conviction of forgery, a person shall be required to serve at least 30 days' imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $1,000.
(4) On a third or subsequent conviction of forgery, a person shall be required to serve at least 45 days' imprisonment as a condition of probation, and fined the lesser of the amount of the forged instrument or $2,500.
(5) The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the mandatory sentence as provided herein.
(c) In any prosecution under this section, it may be alleged in the complaint or information that it is not known whether a purported person is real or fictitious, and in such case there shall be a rebuttable presumption that such purported person is fictitious.
History: L. 2010, ch. 136, ยง 109; July 1, 2011.
Structure Kansas Statutes
Chapter 21 - Crimes And Punishments
Article 58 - Crimes Involving Property
21-5802 Theft of property lost, mislaid or delivered by mistake.
21-5803 Criminal deprivation of property.
21-5805 Unlawful acts involving theft detection shielding devices.
21-5806 Unlawful use of recordings.
21-5807 Burglary; aggravated burglary.
21-5809 Trespassing on railroad property.
21-5811 Commercial fossil hunting.
21-5812 Arson; aggravated arson.
21-5813 Criminal damage to property; aggravated criminal damage to property.
21-5814 Criminal use of an explosive.
21-5816 Tampering with a landmark.
21-5817 Tampering with a traffic signal; aggravated tampering with a traffic signal.
21-5820 Unlawful posting of political pictures and political advertisements.
21-5821 Giving a worthless check.
21-5822 Causing an unlawful prosecution for giving a worthless check.
21-5824 Making false information.
21-5826 Destroying a written instrument.
21-5827 Altering a legislative document.
21-5828 Criminal use of a financial card.
21-5829 Unlawful manufacture or disposal of false tokens.
21-5830 Impairing a security interest.
21-5831 Warehouse receipt fraud.
21-5832 Unauthorized delivery of stored goods.
21-5833 Automobile master key violation.
21-5834 Sale of recut or regrooved tires.
21-5835 Unlawful acts concerning odometers.
21-5836 Unlawful acts concerning certificates of title.
21-5837 Adding dockage or foreign material to grain.
21-5838 Conducting a pyramid promotional scheme.