ORS 165.013
Forgery in the first degree


(1)

A person commits the crime of forgery in the first degree if the person violates ORS 165.007 (Forgery in the second degree):

(a)

And the written instrument is or purports to be any of the following:

(A)

Part of an issue of money, securities, postage or revenue stamps, or other valuable instruments issued by a government or governmental agency;

(B)

Part of an issue of stock, bonds or other instruments representing interests in or claims against any property or person;

(C)

A deed, will, codicil, contract or assignment;

(D)

A check for $1,000 or more, a credit card purchase slip for $1,000 or more, or a combination of checks and credit card purchase slips that, in the aggregate, total $1,000 or more, or any other commercial instrument or other document that does or may evidence, create, transfer, alter, terminate or otherwise affect a legal right, interest, obligation or status; or

(E)

A public record; or

(b)

By falsely making, completing or altering, or by uttering, at least 15 retail sales receipts, Universal Product Code labels, EAN-8 labels or EAN-13 labels or a combination of at least 15 retail sales receipts, Universal Product Code labels, EAN-8 labels or EAN-13 labels.

(2)

The value of single check or credit card transactions may be added together under subsection (1)(a)(D) of this section if the transactions were committed:

(a)

Against multiple victims within a 30-day period; or

(b)

Against the same victim within a 180-day period.

(3)

Forgery in the first degree is a Class C felony. [1971 c.743 §153; 1993 c.680 §25; 2005 c.761 §1]

Source: Section 165.013 — Forgery in the first degree, https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html.

Notes of Decisions

Under former similar statute (ORS 165.115)

Where publishing of two checks was single transaction, imposition of two separate sentences on conviction of two counts of uttering was improper. State v. Welch, 264 Or 388, 505 P2d 910 (1973)

In general

The existence of a statute prohibiting unlawful use of a credit card, ORS 165.055, did not preclude the state from prosecuting the defendant under this section for uttering a forged credit sales slip. State v. Franke, 13 Or App 278, 508 P2d 454 (1973), Sup Ct review denied

Because the delivery of two forged deeds simultaneously to the clerk for recording was a single transaction, the imposition of more than one sentence on conviction was improper. State v. Jackson, 23 Or App 246, 541 P2d 1072 (1975)

An unendorsed bank check can be a “commercial instrument” within the meaning of this section. State v. Riley, 24 Or App 665, 546 P2d 1097 (1976)

Where defendant was convicted of issuing false checks on two occasions four days apart, imposition of separate sentence for each conviction was not improper. State v. Nettles, 31 Or App 579, 571 P2d 155 (1977)

Letter, making reference to enclosed savings passbook, which requested bank to withdraw amount from savings account, fell within class of instruments whose uttering constituted forgery in first degree under this section. State v. Jackson, 35 Or App 741, 582 P2d 837 (1978), Sup Ct review denied

Where defendant, bookkeeper of endorser, altered endorsement on check to change it from restrictive endorsement to special endorsement and signed her name as endorser, instrument falsely appeared or purported to be authentic creation of its ostensible maker or authorized by the maker and conviction of forgery under this section was proper. State v. Hamilton, 291 Or 283, 634 P2d 208 (1981)

Where defendant signed his own name to stolen traveler’s check, he did not falsely make or complete written instrument purporting to be authentic creation of ostensible maker or authorized by ostensible maker and did not commit forgery. State v. Blake, 93 Or App 128, 760 P2d 1369 (1988)

Even though not convicted, finding that accused committed crimes of forgery, unsworn falsification and bigamy was sufficient to disbar attorney. In re Kirkman, 313 Or 181, 830 P2d 206 (1992)

“Other valuable instruments” means items having inherent pecuniary value and of type issued in large or discrete series. State v. Tarrence, 161 Or App 583, 985 P2d 225 (1999)

Government checks for less than $750 are treated identically to private checks, not as “valuable instruments” issued by government. State v. Tarrence, 161 Or App 583, 985 P2d 225 (1999)

“Other document” that does or may evidence, create, transfer, alter, terminate or otherwise affect legal right, interest, obligation or status refers to document other than commercial instrument. State v. Mayorga, 186 Or App 175, 62 P3d 818 (2003)

Crime of criminal possession of a forged instrument merges with crime of forgery in the first degree. State v. Blake, 348 Or 95, 228 P3d 560 (2010)

Attorney General Opinions

In general

Unauthorized manufacture, sale or use of commercial motor vehicle safety inspection decals as forgery, (1981) Vol 42, p 87

165.002
Definitions for ORS 165.002 to 165.070
165.007
Forgery in the second degree
165.013
Forgery in the first degree
165.017
Criminal possession of a forged instrument in the second degree
165.022
Criminal possession of a forged instrument in the first degree
165.027
Evidence admissible to prove forgery or possession of forged instrument
165.032
Criminal possession of a forgery device
165.037
Criminal simulation
165.042
Fraudulently obtaining a signature
165.047
Unlawfully using slugs
165.055
Fraudulent use of a credit card
165.065
Negotiating a bad check
165.070
Possessing fraudulent communications device
165.072
Definitions for ORS 165.072 and 165.074
165.074
Unlawful factoring of payment card transaction
165.075
Definitions
165.080
Falsifying business records
165.085
Sports bribery
165.090
Sports bribe receiving
165.095
Misapplication of entrusted property
165.100
Issuing a false financial statement
165.102
Obtaining execution of documents by deception
165.109
Failing to maintain a cedar purchase record
165.114
Sale of educational assignments
165.116
Definitions for ORS 165.116 to 165.124
165.117
Metal property transaction records
165.118
Metal property offenses
165.122
Compliance with subpoena for information related to metal transaction
165.124
Application of ORS 164.857, 165.116, 165.117, 165.118 and 165.122
165.127
County metal theft plan of action
165.535
Definitions applicable to obtaining contents of communications
165.540
Obtaining contents of communications
165.542
Reports required concerning use of electronic listening device
165.543
Interception of communications
165.545
Prohibitions not applicable to fire or police activities
165.549
Prevention of telephone communications when hostage taken
165.555
Unlawful telephone solicitation of contributions for charitable purposes
165.560
Application of ORS 165.555
165.565
Optional local ordinances
165.570
Improper use of emergency communications system
165.572
Interference with making a report
165.575
Definitions for ORS 165.575 to 165.583
165.577
Cellular counterfeiting in the third degree
165.579
Cellular counterfeiting in the second degree
165.581
Cellular counterfeiting in the first degree
165.583
Exemptions from ORS 165.577, 165.579 and 165.581
165.657
Definitions for ORS 165.659 to 165.669
165.659
General prohibition
165.661
When provider of communication service may use devices
165.663
Use by police
165.667
Order by court
165.669
Duties imposed upon certain persons upon service of order authorizing installation of pen register or trap and trace device
165.671
Defense to civil or criminal action
165.673
Disclosure of results prohibited
165.690
Definitions for ORS 165.690, 165.692 and 165.694
165.692
Making false claim for health care payment
165.694
Aggregation of claims
165.696
Who may commence prosecution
165.698
Notice of conviction
165.800
Identity theft
165.803
Aggravated identity theft
165.805
Misrepresentation of age by a minor
165.810
Unlawful possession of a personal identification device
165.813
Unlawful possession of fictitious identification
165.815
Criminal impersonation
165.825
Sale of drugged horse
165.840
“Telegraphic copy” defined for ORS 165.845 and 165.850
165.845
Making and drawing of checks and notes by wire
165.850
Manner of expressing private and official seals in telegrams
165.990
Penalties
Green check means up to date. Up to date