Kentucky Revised Statutes

Ky. Rev. Stat. § 516.040 (2026)

Forgery in the third degree

✓ current as of May 2026

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(1) A person is guilty of forgery in the third degree when, with intent to defraud, deceive or injure another, he falsely makes, completes or alters a written instrument.

(2) Forgery in the third degree is a Class A misdemeanor. Effective: January 1, 1975 History: Created 1974 Ky. Acts ch. 406, sec. 135, effective January 1, 1975.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1978–2021 · leading case: Commonwealth v. Schumacher, 566 S.W.2d 762 (Ky. Ct. App. 1978).

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Commonwealth v. Schumacher, 566 S.W.2d 762 (Ky. Ct. App. 1978). · cites it 3× “Schumacher, for violations of KRS 516.040, third degree forgery. The appellant, Commonwealth of Kentucky, urges this court to reverse the lower court because Schumacher’s alleged illegal activity did constitute the crime of forgery in the third degree, whereas the appellee…”

Jones v. Commonwealth, 662 S.W.2d 483 (Ky. Ct. App. 1983). “[[Image here]] KRS 516.040 defines the basic offense and embraces every forgery but is primarily applicable to those acts not constituting first or second degree forgery.”

Nekkanti v. V-Soft Consulting Grp., Inc. (W.D. Ky. 2019). · cites it 5× “V-Soft’s argument that KRS 516.040 protects only those being defrauded or deceived must be rejected in light of several statutory provisions defining “falsely alter,” “falsely complete,” and “falsely make” with reference to the “maker or drawer” of the forged documents.”

Nekkanti v. V-Soft Consulting Grp., Inc. (W.D. Ky. 2021). · cites it 2× “§ 516.040(1). Id. at 9. In response to V-Soft’s argument that forgery is only a criminal offense, the Court explained that Nekkanti could assert a forgery claim via Kentucky’s negligence per se statute, K.”

— Ky. Rev. Stat. § 516.040(1) — 2 cases

Nekkanti v. V-Soft Consulting Grp., Inc. (W.D. Ky. 2021). “§ 516.040(1). Id. at 9. In response to V-Soft’s argument that forgery is only a criminal offense, the Court explained that Nekkanti could assert a forgery claim via Kentucky’s negligence per se statute, K.”

Nekkanti v. V-Soft Consulting Grp., Inc. (W.D. Ky. 2019). “V-Soft’s argument that KRS 516.040 protects only those being defrauded or deceived must be rejected in light of several statutory provisions defining “falsely alter,” “falsely complete,” and “falsely make” with reference to the “maker or drawer” of the forged documents.”

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