Uttering is the criminal offense of knowingly selling, publishing, or passing a forged or counterfeited document with the intent to defraud. It is legally distinct from forgery, which is the act of creating the falsified document in the first place; uttering punishes the separate act of putting that document into circulation while knowing it is fraudulent.
Facts
Classification CodeUttering is legally distinct from forgery: forgery is the creation of a falsified document, while uttering is the separate act of knowingly passing or using that already-forged document. 1 Typical PenaltyEngland and Wales set the maximum penalty for uttering a forged register or certificate under the Forgery Act 1861 at life imprisonment, while the Canadian equivalent offense carries a maximum of ten years. 1 Elements of OffenseAs the Michigan statute illustrates the general common law derived pattern, the offense requires uttering and publishing a false, forged, altered or counterfeit document as true, knowing it to be false, with intent to injure or defraud. 1 Jurisdiction VariationCanada treats uttering a forged document as an indictable offense under section 368 of the Criminal Code, distinct from England and Wales, where it is charged under the Forgery Act 1861. 1 Classification
Offense GradeMinor or Summary Offense 1 Connections
Has Offense Grade
Entity-backed identity for the offense-grade enum value this offense already carries, resolved to a crime concept by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The offense-grade fact itself stays on the offense unchanged.
In the Other Atlases
Sources
1. Uttering (Wikipedia)
Wikipediaen.wikipedia.org/wiki/Uttering, lead paragraph
More specifically, forgery creates a falsified document and uttering is the act of knowingly passing on or using the forged document.
Lead paragraph, second sentence
forgery creates a falsified document and uttering is the act of knowingly passing on or using the forged document
United States subsection, Michigan MCL 750.249
Any person who utters and publishes as true any false, forged, altered or counterfeit record, deed, instrument or other writing specified, knowing it to be false, altered, forged, or counterfeit, with intent to injure or defraud is guilty of uttering and publishing.
Canada subsection
Uttering a forged document is a criminal offence in Canada, contrary to section 368 of the Criminal Code. It is an indictable offence and is punishable with imprisonment for a term not exceeding ten years.
England, Wales and Northern Ireland subsection
Section 36 of the Forgery Act 1861, still in force, creates the offence of, among other things, uttering a forged register or entry in a register, or certificate of births, baptisms, marriages, deaths, or burials, or copy of such an entry. The maximum penalty is life imprisonment.
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