Can a signature verification card be the subject of a forgery within the meaning of section 470 of the Penal Code?

California, United States of America


The following excerpt is from People v. Vincent, 19 Cal.App.4th 696, 23 Cal.Rptr.2d 714 (Cal. App. 1993):

Appellant contends that a signature verification card cannot be the subject of a forgery within the meaning of Penal Code section 470 (all statutory references are to the Penal Code unless otherwise noted) because it is not an instrument of a type capable of "defrauding" as that term is used in the law of forgery. The statutory offense of forgery, "whether it be of making or sending of a fabricated instrument, requires an intention to defraud. [Citation.] More importantly, the controlling case law plainly indicates that only schemes to prejudice, damage or defraud persons as to their legal rights, generally money or property, are within the ambit of section 470." (Lewis v. Superior Court (1990) 217 Cal.App.3d 379, 398-399, 265 Cal.Rptr. 855.)

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