Conn. Gen. Stat. » Title 53a — PENAL CODE · Chapter 952 — Penal Code: Offenses

Conn. Gen. Stat. § 53a-139

Forgery in the second degree: Class D felony

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(a) A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument or issues or possesses any written instrument which he knows to be forged, which is or purports to be, or which is calculated to become or represent if completed: (1) A deed, will, codicil, contract, assignment, commercial instrument or other instrument 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 or with a public office or public servant; or (3) a written instrument officially issued or created by a public office, public servant or governmental instrumentality; or (4) a prescription of a duly licensed physician or other person authorized to issue the same for any drug or any instrument or device used in the taking or administering of drugs for which a prescription is required by law.

(b) “Drugs” as used in this section includes all drugs except controlled drugs as defined in section 21a-240.

(c) Forgery in the second degree is a class D felony.

(1969, P.A. 828, S. 141; 1971, P.A. 871, S. 38; P.A. 76-292, S. 2.)

History: 1971 act removed exception re narcotic drugs in Subsec. (b); P.A. 76-292 made second degree forgery a Class D felony rather than a Class A misdemeanor.

Cited. 201 C. 125; 207 C. 555. Defendant may be found guilty of forgery in the second degree if the state establishes that defendant, with intent to deceive another, falsely made, possessed or altered a written instrument that he or she knew to be forged. 252 C. 229.

Cited. 8 CA 342; 11 CA 161; 28 CA 521; 37 CA 72; 42 CA 790; 47 CA 1. Defendant's true identity is related directly to the crime and therefore defendant must be provided with “Miranda” warnings prior to being asked his or her identity as part of booking process. 103 CA 544. Whether the victim was in fact deceived is not an element of forgery in the second degree, belief of the victim is immaterial. 165 CA 791.

Cited. 34 CS 606.

Subsec. (a):

Cited. 169 C. 581; 195 C. 421; 198 C. 68; Id., 158; 199 C. 146; 235 C. 469.

Cited. 5 CA 473; 14 CA 1; 24 CA 493. Altered medical document can reasonably be found to be “other instrument” under Subdiv. (1) as such document may affect a legal right or interest; Subdivs. (1) to (4) are not mutually exclusive. 146 CA 17.

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Notes of Decisions
Cited in 67 cases (4 in the last 5 years), 1975–2025 · leading case: State v. Decaro
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State v. Decaro (2000) conn · cites it 19× “A jury found the defendant, Rita DeCaro, guilty of nine counts of forgery in the second degree in violation of General Statutes § 53a-139 (a), 1 and not guilty of three counts of larceny in the second degree in violation of General Statutes § 53a-123 (a) (4).”
State v. Chemlen (2016) connappct · cites it 14× “The defendant, Keith Chemlen, appeals from the judgment of conviction, rendered after a jury trial, of forgery in the second degree in violation of General Statutes § 53a-139 (a)(3), and larceny in the third degree in violation of General Statutes § 53a-124 (a)(2).”
State v. Dickman (2013) connappct · cites it 35× “Dickman, appeals from the judgment of conviction, rendered after a jury trial, of four counts of forgery in the second degree in violation of General Statutes § 53a-139. 1 On appeal, the defendant claims: (1) there was insufficient evidence upon which to convict her of forgery…”
State v. Edwards (1986) conn · cites it 12× “, was found guilty by a jury on November 23,1983, of larceny in the fifth degree in violation of General Statutes § 53a-125a, accessory to robbery in the second degree in violation of General Statutes § 53a-135 (a) (l), 1 and forgery in the second degree in violation of General…”
State v. Russo (2002) conn · cites it 7× “The state, with the permission of the trial court, appeals from the judgment of that court dismissing an information charging the defendant, Nicholas Russo, with multiple counts each of the crimes of forgery in the second degree in violation of General Statutes § 53a-139 (a)…”
State v. Seeley (2017) conn · cites it 9× “General Statutes § 53a-139 provides in relevant part: "(a) A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument or issues or possesses any written instrument which…”
Bentley v. Greensky Trade Credit, LLC (2015) ctd · cites it 8× “§ 1867 , Connecticut and Federal TILA, and Connecticut law criminalizing forgery, Conn. Gen. Stat. § 53a-139. Proposed Am. Compl.”
State v. Akande (2011) conn · cites it 8× “The defendant, Jason Shola Akande, appeals from the judgment of the Appellate Court affirming his conviction, rendered after a jury trial, of two counts of forgery in the second degree in violation of General Statutes § 53a-139 (a)(1) and (2), [1] and two counts of larceny in…”
State v. Radzvilowicz (1997) connappct · cites it 9× “One information charged the defendant with two counts of larceny in the first degree in violation of General Statutes §§ 53U-119 1 and 53a-122 (a) (2) and four counts of forgery in the second degree in violation of General Statutes § 53a-139 (a) (2). 2 The other information *3…”
State v. Henderson (1998) connappct · cites it 7× “The defendant, Mitchell Henderson, appeals from a judgment of conviction, rendered after a jury trial, of two counts of larceny in the sixth degree in violation of General Statutes § 53a-125b, one count of assault in the third degree in violation of General Statutes § 53a-61,…”
State v. Mulero (2005) connappct · cites it 6× “The defendant, Felipe Mulero, appeals from the judgment of conviction, rendered after a jury trial, of forgery in the second degree in violation of General Statutes § 53a-139 (a) (2). On appeal, the defendant claims that (1) the evidence was insufficient to support the…”
State v. Pearl (1992) connappct · cites it 12× “The defendant appeals from the judgment of conviction, rendered after a jury trial, of two counts of larceny in the first degree in violation of General Statutes § 53a-122 (a) (2) 1 and General Statutes § 53a-122 (a) (4), 2 and second degree forgery in viola *523 tion of General…”
Show all 67 citing cases →
— Conn. Gen. Stat. § 53a-139(a) — 2 cases
State v. Seeley (2017) conn “General Statutes § 53a-139 provides in relevant part: "(a) A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument or issues or possesses any written instrument which…”
Bentley v. Greensky Trade Credit, LLC (2015) ctd “§ 1867 , Connecticut and Federal TILA, and Connecticut law criminalizing forgery, Conn. Gen. Stat. § 53a-139. Proposed Am. Compl.”
— Conn. Gen. Stat. § 53a-139(a)(1) — 1 case
State v. Seeley (2017) conn “General Statutes § 53a-139 provides in relevant part: "(a) A person is guilty of forgery in the second degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument or issues or possesses any written instrument which…”
— Conn. Gen. Stat. § 53a-139(a)(2) — 1 case
Reid v. Commonwealth (1993) vactapp
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