Under what circumstances does criminal possession of a forged instrument in the first degree occur?

Prepare for the JSU Law Enforcement Academy Test. Utilize flashcards and multiple choice questions, with hints and explanations for every query. Boost your readiness for the exam!

Criminal possession of a forged instrument in the first degree occurs when an individual possesses or utters a forged instrument with the intent to defraud. This means that the law requires not just the act of possessing a forged instrument, but also a specific intention behind that possession or use. The intent to defraud is crucial, as it indicates that the person intends to deceive another party for the purpose of obtaining something of value or causing harm.

To establish this offense, law enforcement and prosecutors must demonstrate that the individual knowingly had the forged instrument and that there was a deliberate intention to defraud someone else. This requirement is fundamental in distinguishing this crime from mere possession, which can occur under circumstances where the individual is unaware that they have a forged document or does not intend to use it deceptively.

In contrast, possessing a forged instrument unknowingly would not satisfy the legal criteria for first-degree possession because intent is a key element of the offense. Simply being in possession of a document, regardless of its authenticity, or altering any type of written document without the intention to defraud does not meet the threshold established by law for this specific crime. Thus, option B accurately encapsulates the necessary elements for criminal possession of a forged instrument in the first degree.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy