Code of Alabama
Ala. Code § 13A-9-3 (2026)
Forgery in the Second Degree.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) A person commits the crime of forgery in the second degree if, with intent to defraud, he or she falsely makes, completes or alters a written instrument which is or purports to be, or which is calculated to become or to represent if completed:
(1) A deed, will, codicil, or contract which does or may evidence, create, transfer, terminate or otherwise affect a legal right, interest, obligation or status; or
(2) A public record, or an instrument filed or required or authorized by law to be filed in a public office or with a public employee; or
(3) A written instrument officially issued or created by a public office, public employees or government agency.
(b) Forgery in the second degree is a Class C felony.
(Acts 1977, No. 607, p. 812, §4006; Acts 1979, No. 79-471, p. 862, §1; Act 2015-185, §2.)
Notes of Decisions
Cited in 27
cases, 1981–2018 · leading case: Commonwealth v. Hughes, 986 A.2d 159 (Pa. Super. Ct. 2009).
Commonwealth v. Hughes, 986 A.2d 159 (Pa. Super. Ct. 2009). “[4] Although not dispositive, I observe that many other states have apparently adopted, in whole or in part, Model Penal Code 224.”
Shaw v. State, 148 So. 3d 745 (Ala. Crim. App. 2013). “Code 1975, provides that “[a] person commits the crime of criminal possession of a forged instrument in the second degree if he possesses or utters any forged instrument of a kind specified in Section 13A-9-3 with knowledge that it is forged and with intent to defraud.”
Jackson v. State, 640 So. 2d 1025 (Ala. Crim. App. 1992). “Following his trial, the appellant was convicted of the capital offense of murder during a robbery and four counts of forgery in the second degree.”
Brooks v. State, 456 So. 2d 1142 (Ala. Crim. App. 1984). “II Appellant next contends that a bank withdrawal slip is not a document named in § 13A-9-3, Code of Alabama 1975, and therefore will not support a conviction under § 13A-9-6 regarding forged instruments.”
Evans v. State, 794 So. 2d 411 (Ala. 2000). “Code 1975; seven counts of illegal absentee voting, in violation of § 19-10-17; and seven counts of second-degree forgery, in violation of § 13A-9-3. The Court of Criminal Appeals reversed the convictions, based solely on the fact that the trial court had granted the State's…”
Ex Parte Jackson, 672 So. 2d 810 (Ala. 1995). “Code 1975, and four counts of forgery in the second degree, in violation of § 13A-9-3. After a hearing, the jury returned an advisory verdict, by a majority vote of seven to five, recommending a sentence of life imprisonment, without parole, for murder.”
Turner v. State, 610 So. 2d 1198 (Ala. Crim. App. 1992). “In his brief, the appellant specifically contends that, although he was charged and convicted of violation of § 13A-9-6, Code of Alabama 1975, which prohibits the possession of a forged instrument, the testimony received at trial that the appellant signed the back of the check,…”
Williams v. State, 403 So. 2d 317 (Ala. Crim. App. 1981). “607, approved May 16, 1977, and its ultimately effective date of January 1, 1980, in which is found in § 13A-9-14 Commentary: “Section 13 — 4—32(f) is a credit card forgery offense amply covered by the new section on forgery in the second degree, § 13A-9-3(a)(l).” According to §…”
Harris v. Harris, 542 So. 2d 284 (Ala. Civ. App. 1989). “§ 13A-9-3. “Intent to defraud” is an essential element of this crime.”
Edwards v. State, 7 So. 3d 1064 (Ala. Crim. App. 2007). “On appeal, Turner claimed that, "although he was charged and convicted of violation of § 13A-9-6, Code of Alabama 1975, which prohibits the possession of a forged instrument, the testimony received at trial that the appellant signed the back of the check, actually is evidence of…”
Armstrong v. State, 518 So. 2d 180 (Ala. Crim. App. 1987). “Both of those cases, however, involved the altering of forged checks, which are directly classified under Section 13A-9-3, Code of Alabama (1975), as second degree offenses.”
State v. Robinson, 79 So. 3d 686 (Ala. Crim. App. 2011). “The State of Alabama appeals from the circuit court’s pretrial order granting Ge-darin Kenardo Robinson’s motion to dismiss the charges against him based on the State’s failure to provide a speedy trial.”
— Ala. Code § 13A-9-3(a) — 1 case
Shaw v. State, 148 So. 3d 745 (Ala. Crim. App. 2013). “Code 1975, provides that “[a] person commits the crime of criminal possession of a forged instrument in the second degree if he possesses or utters any forged instrument of a kind specified in Section 13A-9-3 with knowledge that it is forged and with intent to defraud.”
— Ala. Code § 13A-9-3(a)(1) — 2 cases
Palms v. State, 431 So. 2d 1373 (Ala. Crim. App. 1983).
Cartwright v. State, 482 So. 2d 1306 (Ala. Crim. App. 1985).
— Ala. Code § 13A-9-3(a)(l) — 2 cases
Williams v. State, 403 So. 2d 317 (Ala. Crim. App. 1981). “607, approved May 16, 1977, and its ultimately effective date of January 1, 1980, in which is found in § 13A-9-14 Commentary: “Section 13 — 4—32(f) is a credit card forgery offense amply covered by the new section on forgery in the second degree, § 13A-9-3(a)(l).” According to §…”
Palms v. State, 431 So. 2d 1373 (Ala. Crim. App. 1983).
— Ala. Code § 13A-9-3(b) — 4 cases
Williams v. State, 403 So. 2d 317 (Ala. Crim. App. 1981). “607, approved May 16, 1977, and its ultimately effective date of January 1, 1980, in which is found in § 13A-9-14 Commentary: “Section 13 — 4—32(f) is a credit card forgery offense amply covered by the new section on forgery in the second degree, § 13A-9-3(a)(l).” According to §…”
Horn v. State, 912 So. 2d 539 (Ala. Crim. App. 2004).
State v. Stallings, 274 So. 3d 317 (Ala. Crim. App. 2018).
State v. Stallings, 274 So. 3d 317 (Ala. Crim. App. 2018).
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