Current through the 2024 Regular Session
Section 97-21-33 - Penalty for forgery(1) Except as provided in subsection (2) of this section for offenses under Sections 97-21-13, 97-21-15, 97-21-17 and 97-21-23, a person convicted of forgery shall be punished as follows:(a) When the amount of value involved is under One Thousand Dollars ($1,000.00), by imprisonment in the county jail for a term of not more than six (6) months, or by a fine of not more than One Thousand Dollars ($1,000.00), or both, if the court finds substantial and compelling reasons why the offender cannot be safely and effectively supervised in the community, is not amenable to community-based treatment, or poses a significant risk to public safety. If such a finding is not made, the court shall suspend the sentence of imprisonment and impose a period of probation not exceeding one (1) year or a fine of not more than One Thousand Dollars ($1,000.00), or both. A person convicted of a third or subsequent offense under this paragraph (a), where the value of the property is not less than Five Hundred Dollars ($500.00), shall be punished by imprisonment in the Penitentiary for a term not exceeding three (3) years or by a fine not exceeding One Thousand Dollars ($1,000.00), or both.(b) When the amount of value involved is One Thousand Dollars ($1,000.00) or more but less than Five Thousand Dollars ($5,000.00), by imprisonment in the Penitentiary for a term not more than five (5) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.(c) When the amount of value involved is Five Thousand Dollars ($5,000.00) or more, but less than Twenty-five Thousand Dollars ($25,000.00), by imprisonment in the Penitentiary for a term not exceeding ten (10) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.(d) When the amount of value involved is Twenty-five Thousand Dollars ($25,000.00) or more, by imprisonment in the Penitentiary for a term not exceeding twenty (20) years, or be fined not more than Ten Thousand Dollars ($10,000.00), or both.(2) A person convicted of forgery under any of the following: Section 97-21-13, relating to counterfeiting of currency or treasury notes of the United States; Section 97-21-15, relating to the counterfeiting of currency of a foreign government; Section 97-21-17, relating to possession of counterfeited currency; or Section 97-21-23, relating to engraving or possessing a plate to counterfeit certain notes, bills, drafts, checks and other evidence of debt, shall be guilty of a felony and shall be punished as follows:(a) When the amount of value involved is less than Five Thousand Dollars ($5,000.00), by imprisonment in the custody of the Department of Corrections for a term of not more than five (5) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both;(b) When the amount of value involved is Five Thousand Dollars ($5,000.00) or more, but less than Twenty-five Thousand Dollars ($25,000.00), by imprisonment in the custody of the Department of Corrections for a term not exceeding ten (10) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both;(c) When the amount of value involved is Twenty-five Thousand Dollars ($25,000.00) or more, by imprisonment for a term not exceeding twenty (20) years, or a fine of not more than Ten Thousand Dollars ($10,000.00), or both.(3) The total value of the forgery by the person from a single victim shall be aggregated in determining the gravity of the offense.Codes, Hutchinson's 1848, ch. 64, art. 12, Title 4(42); 1857, ch. 64, art. 124; 1871, § 2588; 1880, § 2840; 1892, § 1119; 1906, § 1200; Hemingway's 1917, § 930; 1930, § 957; 1942, § 2187; Laws, 1928, ch. 38; Laws, 1970, ch. 343, § 1; Laws, 2003, ch. 499, § 6, eff. 7/1/2003.Amended by Laws, 2019, ch. 388, SB 2470,§ 1, eff. 7/1/2019.Amended by Laws, 2014, ch. 457, HB 585, 25, eff. 7/1/2014.