WARNING-- Stupid question to follow: I have a defendant that passed several fake $20 bills for the purchase of items at a store. As I understand it, it's a state jail felony if the writing purports to be a "similar sight order for money," and the only way this case becomes a third degree felony is if the $20s constitute "part of an issue of money." I know it constitutes a "writing" because the code specifically states money, but what about an issue of money or similar sight order?

Yep, that's a third degree. The way I indict them is to name whoever the fake bill indicates the signature's supposed to be for (e.g., John Snow, the Secretary of the Treasury of the United States), and call the type of document a "federal reserve note".

Would you mind emailing me an indictment with that language? (tmcwilliamsada@yahoo.com) I think that I may have indicted correctly as a third degree, and incorrectly thought it to be a state jail.

I sent it to you about 3:20--post if you don't get it.

I just finished indicting one on a defendant that passed 7 fake $20's and a fake $10 to his girlfriend (clerk at sandwich shop) and got her to change them for a $100 and a $50.

The language I used was:

"...did then and there, with intent to defraud or harm another, pass to [named person} a forged writing, knowing such writing to be forged, and such writing had been so made that it purported to be the act of the Federal Reserve, who did not authorize the act, and said writing was United States currency of the tenor following:

[pictures of the fake money]

against the peace and dignity of the State."

It should be alleged that the writing purports to be an issue of money. If it were required that the writing be an issue of money, then I guess it could not be a forgery. I just allege it as an act of the United States, since that is who (what) the Constitution says has the sole authority to coin money in these parts. See Art. I, sec. 6, which refers to "coin of the United States."

I guess the judge would instruct the jury that the defendant had no authority from the Feds as a matter of law?

My indictment form reads as follows:

did then and there, with intent to defraud another, pass to __________, a forged writing, knowing such writing to be forged, and such writing had been so completed that it purported to be money, and said writing was a fake one-hundred dollar bill.