WEST VIRGINIA CODE
WVC 61-
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
WVC -4-
ARTICLE 4. FORGERY AND CRIMES AGAINST THE CURRENCY.
WVC 61-4-1
§61-4-1. Forgery of public record, certificate, return or
attestation of court or officer; penalty.
If any person forge a public record, or a certificate, return
or attestation of a clerk of a court, notary public, judge,
justice, or any public officer, in relation to any matter wherein
such certificate, return, or attestation may be received as legal
proof, or utter or attempt to employ as true such forged record,
certificate, return or attestation, knowing the same to be forged,
he shall be guilty of a felony, and, upon conviction, shall be
confined in the penitentiary not less than two nor more than ten
years.
WVC 61-4-2
§61-4-2. Forgery of official seals; keeping or concealing
instrument for forging same; penalty.
If any person forge, or keep or conceal any instrument for the
purpose of forging, the seal of a court, or of any public office or
body politic or corporate in this state, he shall be deemed guilty
of a felony, and, upon conviction, shall be confined in the
penitentiary not less than two nor more than ten years.
WVC 61-4-3
§61-4-3. Counterfeiting; penalty.
If any person forge any coin, current by law or usage in this
state, or any note or bill of a banking institution, or
fraudulently make any base coin, or a note or bill purporting to be
the note or bill of a banking institution, when such banking
institution does not exist; or utter or attempt to employ as true,
or sell, exchange or deliver, or offer to sell, exchange or
deliver, or receive on sale, exchange, or delivery, with intent to
utter or employ or to have the same uttered or employed as true,
any such false, forged, or base coin, note or bill, knowing it to
be so, he shall be deemed guilty of a felony, and, upon conviction,
shall be confined in the penitentiary not less than two nor more
than ten years.
WVC 61-4-4
§61-4-4. Making plates, etc., for forgery; possession of same;
penalty.
If any person engrave, stamp, or cast, or otherwise make or
mend any plate, block, press or other thing adapted and designed
for the forging and false-making of any writing or other thing, the
forging or false-making whereof is punishable by this article; or
if such person have in his possession any such plate, block, press,
or other thing, with intent to use, or cause or permit it to be
used, in forging or false-making any such writing or other thing,
he shall be deemed guilty of a felony, and, upon conviction, shall
be confined in the penitentiary not less than two nor more ten
years.
WVC 61-4-5
§61-4-5. Forging or uttering other writing; penalty; creation of
unauthorized demand draft.
(a) If any person forge any writing, other than such as is
mentioned in the first and third sections of this article, to the
prejudice of another's right, or utter or attempt to employ as true
such forged writing, knowing it to be forged, he shall be guilty of
a felony and, upon conviction, shall be confined in the
penitentiary not less than one nor more than ten years, or, in the
discretion of the court, be confined in jail not more than one year
and be fined not exceeding five hundred dollars.
(b) It is a violation of this section to create a demand
draft under the purported authority of another person for the
purpose of charging the other person's account with a bank or other
financial institution, or to utter or attempt to employ as true
such demand draft, if the demand draft is created with the intent
to defraud, and either or both of the following elements is
present:
(1) The person does not, in fact, have the authority to charge
the other person's account; or
(2) The amount of the demand draft exceeds the amount
authorized to be charged.
(c) If a person creates a demand draft without authority or
which exceeds the amount authorized to be charged to an account, and the demand draft contains the account holder's printed or
typewritten name or account number, or a notation that the account
holder authorized the draft, or a statement "No signature
required", "Authorization on file", "Signature on file", or words
to that effect, the demand draft is the equivalent of a check on
which the drawer's signature is forged or altered.
(d) For purposes of this section, the term "demand draft"
shall have the meaning ascribed to it in section one hundred four,
article three, chapter forty-six of this code.
WVC 61-4-6
§61-4-6. Possession of counterfeit with intent to utter; penalty.
If any person have in his possession forged bank notes, or
pieces of forged or base coin, such as are mentioned in the third
section of this article, knowing the same to be forged or base,
with intent to utter or employ the same as true, or to sell,
exchange, or deliver them, so as to enable any other person to
utter or employ them as true, he shall, if the number of such notes
or pieces of coin in his possession, at the same time, be ten or
more, be deemed guilty of a felony, and, upon conviction, shall be
confined in the penitentiary not less than one nor more than five
years, and if the number thereof be less than ten, he shall be
deemed guilty of a misdemeanor, and, upon conviction, shall be
confined in jail not less than six months nor more than one year
and be fined not exceeding five hundred dollars.
WVC 61-4-7
§61-4-7. Unauthorized currency; penalty.
If any person shall, without authority of law, issue any note
or other security purporting that money or other thing of value is
payable by or on behalf of such person, with intent thereby to
create a circulating medium, he shall be guilty of a misdemeanor,
and, upon conviction, shall be confined in jail not more than six
months and fined not more than five hundred dollars; and the
acceptance of any such note or security shall not operate as a
payment of any debt or claim due or to become due to the person so
accepting the same:
Provided, That nothing in this section shall
be so construed as to prevent the giving of checks, promissory
notes, single bills, bonds, orders, drafts or bills of exchange for
a debt or claim due or to become due.
WVC 61-4-8
§61-4-8. Passing or receiving unauthorized currency knowingly;
penalty.
If any person not punishable under the provisions of the
preceding section shall knowingly pass or receive in payment any
such note or security, he shall be guilty of a misdemeanor, and,
upon conviction, shall be fined not less than ten nor more than one
hundred dollars.
Note: WV Code updated with legislation passed through the 2012 1st Special Session