Indiana Code
Ind. Code § 35-43-5-2 (2025)
Counterfeiting; forgery
✓ 2025 Indiana Code: the 2026 session is not included
Sec. 2. (a) A person who knowingly or intentionally:
(1) makes or utters a written instrument in such a manner that it purports to have been made:
(A) by another person;
(B) at another time;
(C) with different provisions; or
(D) by authority of one who did not give authority; or
(2) possesses more than one (1) written instrument knowing that the written instruments were made in a manner that they purport to have been made:
(A) by another person;
(B) at another time;
(C) with different provisions; or
(D) by authority of one who did not give authority;
commits counterfeiting, a Level 6 felony.
(b) A person who, with intent to defraud, makes, utters, or possesses a written instrument in such a manner that it purports to have been made:
(1) by another person;
(2) at another time;
(3) with different provisions; or
(4) by authority of one who did not give authority;
commits forgery, a Level 6 felony.
As added by Acts 1976, P.L.148, SEC.3. Amended by Acts 1977, P.L.340, SEC.50; P.L.45-2005, SEC.2; P.L.106-2006, SEC.3; P.L.158-2013, SEC.469; P.L.197-2015, SEC.21; P.L.174-2021, SEC.44.
Notes of Decisions
Cited in 163
cases (4 in the last 5 years), 1979–2026 · leading case: Bocanegra v. State, 969 N.E.2d 1026 (Ind. Ct. App. 2012).
Bocanegra v. State, 969 N.E.2d 1026 (Ind. Ct. App. 2012). “Ind.Code § 35-43-5-2. Proof of intent to defraud requires a showing the defendant demonstrated "intent to deceive and thereby work a reliance and injury.”
Benefield v. State, 904 N.E.2d 239 (Ind. Ct. App. 2009). “" Ind.Code § 35-43-5-2 provides: "A person who, with intent to defraud, makes, utters, or possesses a written instrument in such a manner that it purports to have been made: (1) by another person; (2) at another time; (3) with different provisions; or (4) by authority of one who…”
Benefield v. State, 945 N.E.2d 791 (Ind. Ct. App. 2011). “” Ind.Code § 35-43-5-2(b). A merely reckless state of mind is simply not compatible with a specific intent to defraud.”
Lohmiller v. State, 884 N.E.2d 903 (Ind. Ct. App. 2008). “4 To convict Lohmiller of forgery, the State was required to prove beyond a reasonable doubt that she knowingly or intentionally made or uttered a written instrument in such a manner that it purports to have been made by authority of one who did not give authority.”
Wendell Brown v. State of Indiana, 64 N.E.3d 1219 (Ind. Ct. App. 2016). “Code § 35-43-2-1 (2011); forgery, a Class C felony, I.C. § 35-43-5-2(b) (2011); and driving while suspended, a Class A misdemeanor, I.”
Whitacre v. State, 412 N.E.2d 1202 (Ind. 1980). “The defendant, Jeffery Allen Whitacre, was convicted of forgery, a class C felony, Ind. Code § 35-43-5-2 (Burns 1979 Repl.) and was found to be an habitual offender, Ind.”
Lawrence Gyamfi v. State of Indiana, 15 N.E.3d 1131 (Ind. Ct. App. 2014). “On November 29, 2012, the State filed a request to amend the charging Information by adding Count III, forgery, a Class C felony, I.C. § 35-43-5-2(b)(1), which was subsequently approved by the trial court.”
Williams v. State, 892 N.E.2d 666 (Ind. Ct. App. 2008). “” Ind.Code § 35-43-5-2(b) (2006). And to prove that she committed attempted theft, as a Class D felony, the State was required to show beyond a reasonable doubt that Williams “knowingly or intentionally” “engaged in conduct that constitute])!] a substantial step toward”…”
An-Hung Yao v. State of Indiana, 975 N.E.2d 1273 (Ind. 2012). “See I.C. § 35-43-5-2(a). For purposes of the Indiana counterfeiting statute, “written instrument” is defined as follows: “Written instrument” means a paper, a document, or other instrument contain *1279 ing written matter and includes money, coins, tokens, stamps, seals, credit…”
Flaherty & Collins, Inc. v. BBR-Vision I, L.P., 990 N.E.2d 958 (Ind. Ct. App. 2013). “The trial court found that “the undisputed evidence establishes that F & C’s conduct violate[d] Ind. Code § 35-43-5-2 (forgery and counterfeiting); I.”
Jacobs v. State, 640 N.E.2d 61 (Ind. Ct. App. 1994). “Jacobs was subsequently arrested and charged with three counts of forgery under Ind.Code § 35-43-5-2, all as Class C felonies.”
Kindred v. State, 524 N.E.2d 279 (Ind. 1988). “Code § 35-44-2-1) and two counts of forgery (uttering), a class C felony, ( Ind. Code § 35-43-5-2 ). The jury acquitted the defendant of the charge of habitual offender.”
Ind. Code § 35-43-5-2(1): 3 cases
Hayden v. State, 771 N.E.2d 100 (Ind. Ct. App. 2002).
Kemp v. State, 887 N.E.2d 102 (Ind. Ct. App. 2008).
Stroup v. State, 810 N.E.2d 355 (Ind. Ct. App. 2004).
Ind. Code § 35-43-5-2(3): 1 case
McDonald v. State, 775 N.E.2d 1195 (Ind. Ct. App. 2002).
Ind. Code § 35-43-5-2(4): 1 case
Hamilton v. State, 864 N.E.2d 1104 (Ind. Ct. App. 2007).
Ind. Code § 35-43-5-2(a): 5 cases
Bocanegra v. State, 969 N.E.2d 1026 (Ind. Ct. App. 2012). “Ind.Code § 35-43-5-2. Proof of intent to defraud requires a showing the defendant demonstrated "intent to deceive and thereby work a reliance and injury.”
An-Hung Yao v. State of Indiana, 975 N.E.2d 1273 (Ind. 2012). “See I.C. § 35-43-5-2(a). For purposes of the Indiana counterfeiting statute, “written instrument” is defined as follows: “Written instrument” means a paper, a document, or other instrument contain *1279 ing written matter and includes money, coins, tokens, stamps, seals, credit…”
Flaherty & Collins, Inc. v. BBR-Vision I, L.P., 990 N.E.2d 958 (Ind. Ct. App. 2013). “The trial court found that “the undisputed evidence establishes that F & C’s conduct violate[d] Ind. Code § 35-43-5-2 (forgery and counterfeiting); I.”
Thomas L. Imes v. City of Madison (mem. dec.), No. 19A-PL-821 (Ind. Ct. App. Nov. 21, 2019).
Dawn Jackson v. State of Indiana, No. 29A02-1308-CR-711 (Ind. Ct. App. Mar. 3, 2014).
Ind. Code § 35-43-5-2(a)(2)(A): 1 case
Gerardo Correa-Diaz v. Jefferson B. Sessions III, 881 F.3d 523 (7th Cir. 2018).
Ind. Code § 35-43-5-2(a)(2)(D): 1 case
Allen L. Ruffin v. State of Indiana (mem. dec.), No. 02A05-1504-CR-140 (Ind. Ct. App. Nov. 13, 2015).
Ind. Code § 35-43-5-2(a)(l): 1 case
An-Hung Yao v. State of Indiana, 975 N.E.2d 1273 (Ind. 2012). “See I.C. § 35-43-5-2(a). For purposes of the Indiana counterfeiting statute, “written instrument” is defined as follows: “Written instrument” means a paper, a document, or other instrument contain *1279 ing written matter and includes money, coins, tokens, stamps, seals, credit…”
Ind. Code § 35-43-5-2(b): 19 cases
Benefield v. State, 945 N.E.2d 791 (Ind. Ct. App. 2011). “” Ind.Code § 35-43-5-2(b). A merely reckless state of mind is simply not compatible with a specific intent to defraud.”
Bocanegra v. State, 969 N.E.2d 1026 (Ind. Ct. App. 2012). “Ind.Code § 35-43-5-2. Proof of intent to defraud requires a showing the defendant demonstrated "intent to deceive and thereby work a reliance and injury.”
Benefield v. State, 904 N.E.2d 239 (Ind. Ct. App. 2009). “" Ind.Code § 35-43-5-2 provides: "A person who, with intent to defraud, makes, utters, or possesses a written instrument in such a manner that it purports to have been made: (1) by another person; (2) at another time; (3) with different provisions; or (4) by authority of one who…”
Williams v. State, 892 N.E.2d 666 (Ind. Ct. App. 2008). “” Ind.Code § 35-43-5-2(b) (2006). And to prove that she committed attempted theft, as a Class D felony, the State was required to show beyond a reasonable doubt that Williams “knowingly or intentionally” “engaged in conduct that constitute])!] a substantial step toward”…”
Wendell Brown v. State of Indiana, 64 N.E.3d 1219 (Ind. Ct. App. 2016). “Code § 35-43-2-1 (2011); forgery, a Class C felony, I.C. § 35-43-5-2(b) (2011); and driving while suspended, a Class A misdemeanor, I.”
Ind. Code § 35-43-5-2(b)(1): 5 cases
Lawrence Gyamfi v. State of Indiana, 15 N.E.3d 1131 (Ind. Ct. App. 2014). “On November 29, 2012, the State filed a request to amend the charging Information by adding Count III, forgery, a Class C felony, I.C. § 35-43-5-2(b)(1), which was subsequently approved by the trial court.”
Steven Linville v. State of Indiana, 120 N.E.3d 648 (Ind. Ct. App. 2019).
David K. Asiedu v. State of Indiana, No. 30A01-1311-CR-486 (Ind. Ct. App. Aug. 28, 2014).
Brandi Lynn Ramsey v. State of Indiana, No. 48A02-1105-CR-443 (Ind. Ct. App. Feb. 14, 2012).
Michael S. Collins v. State of Indiana (mem. dec.), No. 55A01-1510-CR-1661 (Ind. Ct. App. May 19, 2016).
Ind. Code § 35-43-5-2(b)(2): 1 case
Elnesto Ray Valle v. State of Indiana, 989 N.E.2d 1268 (Ind. Ct. App. 2013).
Ind. Code § 35-43-5-2(b)(3): 5 cases
Benefield v. State, 904 N.E.2d 239 (Ind. Ct. App. 2009). “" Ind.Code § 35-43-5-2 provides: "A person who, with intent to defraud, makes, utters, or possesses a written instrument in such a manner that it purports to have been made: (1) by another person; (2) at another time; (3) with different provisions; or (4) by authority of one who…”
Benefield v. State, 945 N.E.2d 791 (Ind. Ct. App. 2011). “” Ind.Code § 35-43-5-2(b). A merely reckless state of mind is simply not compatible with a specific intent to defraud.”
Wendell Brown v. State of Indiana, 64 N.E.3d 1219 (Ind. Ct. App. 2016). “Code § 35-43-2-1 (2011); forgery, a Class C felony, I.C. § 35-43-5-2(b) (2011); and driving while suspended, a Class A misdemeanor, I.”
Hakuru Simaha v. State of Indiana, No. 06A01-1301-CR-29 (Ind. Ct. App. Aug. 28, 2013).
Benefield v. State, 901 N.E.2d 602 (Ind. Ct. App. 2009).
Ind. Code § 35-43-5-2(b)(4): 5 cases
Lohmiller v. State, 884 N.E.2d 903 (Ind. Ct. App. 2008). “4 To convict Lohmiller of forgery, the State was required to prove beyond a reasonable doubt that she knowingly or intentionally made or uttered a written instrument in such a manner that it purports to have been made by authority of one who did not give authority.”
Diallo v. State, 928 N.E.2d 250 (Ind. Ct. App. 2010).
Donald J. Burns v. State of Indiana, 59 N.E.3d 323 (Ind. Ct. App. 2016).
Erica N. Dumes v. State of Indiana, 23 N.E.3d 798 (Ind. Ct. App. 2014).
Antwain Bateman v. State of Indiana (mem. dec.), No. 49A02-1407-CR-483 (Ind. Ct. App. Mar. 26, 2015).
Ind. Code § 35-43-5-2(d): 4 cases
Lesea, Inc. v. Lesea Broad. Corp., 379 F. Supp. 3d 732 (N.D. Ind. 2019).
William Hedrick v. State of Indiana, 124 N.E.3d 1273 (Ind. Ct. App. 2019).
Rodney Paul Sniadecki v. State of Indiana, No. 71A03-1401-CR-16 (Ind. Ct. App. Oct. 2, 2014).
Marlon M. Banks v. State of Indiana (mem. dec), No. 20A04-1403-PC-102 (Ind. Ct. App. Apr. 28, 2015).
Ind. Code § 35-43-5-2(d)(1): 1 case
Rodney Paul Sniadecki v. State of Indiana, No. 71A03-1401-CR-16 (Ind. Ct. App. Oct. 2, 2014).
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