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Current as of January 01, 2024 | Updated by FindLaw Staff
In this chapter:
1. The definitions prescribed in section 12.1-23-10 apply.
2. A “deceptive writing” is a writing which has been:
a. Procured by deception; or
b. Issued without authority.
3. “Falsely alters” means to make a change in a writing, without authority, such that the writing appears to have been made by, or fully authorized by, its apparent maker.
4. “Falsely completes” means to make an addition to or an insertion in a writing, without authority, such that the writing appears to have been made by, or fully authorized by, its apparent maker.
5. “Falsely makes” means to make a writing which purports to be made by the government or another person, or a copy thereof, but which is not because the apparent maker is fictitious or because the writing was made without authority.
6. To “forge” or to “counterfeit” a writing means to falsely make, complete, or alter the writing, and a “forged” or “counterfeited” writing is a writing which has been falsely made, completed, or altered. The terms “forgery” and “counterfeiting” and their variants are intended to be synonymous in legal effect.
7. The term “obligation or other security of this state” means a bond, certificate of indebtedness, coupon, fractional note, certificate of deposit, a stamp, or other representative of value of whatever denomination, issued pursuant to a statute.
8. “Possess” means to receive, conceal, or otherwise exercise control over.
9. “Security” other than as provided in subsection 10 includes any note, stock certificate, bond, debenture, check, draft, warrant, traveler's check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest or participation in any profit-sharing agreement, collateral-trust certificate, preorganization certificate or subscription, transferable share, investment contract, voting-trust certificate, certificate of interest in tangible or intangible property, instrument or document or writing evidencing ownership of goods, wares, and merchandise, or transferring or assigning any right, title, or interest in or to goods, wares, and merchandise, uncanceled stamp issued by a foreign government (whether or not demonetized); or, in general, any instrument commonly known as a “security”, or any certificate of interest or participation in, temporary or interim certificate for, receipt for, warrant, or right to subscribe to or purchase any of the foregoing.
10. “Tax stamp” includes any tax stamp, tax token, tax meter imprint, or any other form of evidence of an obligation running to a state, or evidence of the discharge thereof.
11. “Utter” means to issue, authenticate, transfer, publish, sell, transmit, present, use, or otherwise give currency.
12. “Without authority” includes conduct that, on the specific occasion called into question, is beyond any general authority given by statute, regulation, or agreement.
13. “Writing” means:
a. Any paper, document, or other instrument containing written or printed matter or its equivalent, including money, a money order, bond, public record, affidavit, certificate, contract, security, or obligation.
b. Any coin or any gold or silver bar coined or stamped at a mint or assay office or any signature, certification, credit card, token, stamp, seal, badge, decoration, medal, trademark, or other symbol or evidence of value, right, privilege, or identification which is capable of being used to the advantage or disadvantage of the government or any person.
Cite this article: FindLaw.com - North Dakota Century Code Title 12.1. Criminal Code § 12.1-24-04. Definitions - last updated January 01, 2024 | https://codes.findlaw.com/nd/title-12-1-criminal-code/nd-cent-code-sect-12-1-24-04/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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