Defendant creates a check with her own name and address on it, adds the name of an existing bank with a non-existent bank account #, signs the check with her own name, and cashes it at a store where she works. None of the definitions of "forge" under PC 32.21(a(1) appear to apply since it was not the act of another; it was not executed at a time or place or in a numbered sequence other than was in fact the case; and it is not a copy.

What am I missing? If this is forgery, how do you plead it?

What about Fraudulent Use of ID information or just plain theft.

Fraudulent use of ID info can include a financial institution account number and a person can include a corporation or association.

I'm not completely convinced that it couldn't be a forgery though. Why isn't it "the act of another" when she pretends like the bank has opened an account for her and given her a number?

Then of course, there's always just plain old felony stupidity.

I thought of theft but the amount is less than $1500; I was hoping for a felony charge.
PC 32.51, which you suggested, includes a financial institutional account number, but she used a fake number. Do you think using the name and address of the bank would qualify as a violation of PC 32.51?

There is a gap in the forgery statute that does not anticipate someone making everything up that is contained in a "writing". However, if the concept of forgery is the notion that you have written something that is supposedly the writing of a real person without their permission, I guess I can understand it. Still, imaginary forgery should be a crime.