Criminal possession of a forged instrument (M) requires which element?

Criminal possession of a forged instrument (M) requires which element?

• A. Intent to defraud, a person utters or possesses a forged instrument knowing it is forged.
• B. Possessing a forged instrument without knowledge of its forged nature.
• C. Creating a forged instrument.
• D. Selling a forged instrument.

Answer: (A)

Criminal possession of a forged instrument hinges on two mental states and the act itself: the instrument must be forged, and the person must know it is forged and intend to defraud, by either possessing or uttering the instrument. The strongest answer captures all of that: you must know the instrument is forged, have the intent to defraud, and either possess or pass it to someone else. If you only possess a forged instrument without knowing it’s forged, the knowledge element isn’t met. Creating a forged instrument or selling one describes separate wrongdoing and isn’t what this offense requires. So the correct understanding is that the crime involves knowing possession or uttering of a forged instrument with the intent to defraud.

Criminal possession of a forged instrument hinges on two mental states and the act itself: the instrument must be forged, and the person must know it is forged and intend to defraud, by either possessing or uttering the instrument. The strongest answer captures all of that: you must know the instrument is forged, have the intent to defraud, and either possess or pass it to someone else. If you only possess a forged instrument without knowing it’s forged, the knowledge element isn’t met. Creating a forged instrument or selling one describes separate wrongdoing and isn’t what this offense requires. So the correct understanding is that the crime involves knowing possession or uttering of a forged instrument with the intent to defraud.