Uttering

Uttering is a crime involving a person with the intent to defraud that knowingly sells, publishes or passes a forged or counterfeited document. More specifically, forgery creates a falsified document and uttering is the act of knowingly passing on or using the forged document.

In the law of countries whose legal systems derive from English common law, uttering is a crime similar to forgery. Uttering and forgery were originally common law offences, both misdemeanours. Forgery was the creation of a forged document, with the intent to defraud; whereas uttering was merely use — the passing — of a forged document, that someone else had made, with the intent to defraud. In law, uttering is synonymous with publication, and the distinction made between the common law offences was that forgery was the fabrication of a forged instrument (with the intent to defraud) and uttering was the publication of that instrument (with the intent to defraud). Statute law offences of forgery replace the common law offences nowadays, often subsuming the offence of uttering, and forgery is usually a felony rather than a misdemeanour.

Uttering a forged document is a criminal offence in Canada, contrary to s 368 of the Criminal Code. It is an indictable offence and is punishable with imprisonment for a term not exceeding ten years.

See section 36 of the Forgery Act 1861.

History

See section 6 of the Forgery Act 1913.

Section 29(1)(i) of the Larceny Act 1916 formerly created the offence of uttering a letter or writing demanding property with menaces.

In Scotland Uttering forged writings is a crime defined as "using as genuine a fabricated writing falsely intended to pass as genuine the writing of another person".

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