Does a "written instrument" have to be in physical form or would an electronic image classify regarding a forgery?
Question Details: Would a fake ID which is never printed and only uttered electronically, i.e. an image of which was emailed to someone in another state for purposes of identification, be considered a "written instrument" for the purposes of relevant forgery statutes?
Kevin Bessant / Law Office Of Kevin Bessant & Associates
Answered 9 months ago
This attorney is licensed in Michigan
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If the fake or fraudulent identification was submitted electronically with the intent and purposes to purport the fradulent i.d. as a form of identification, than it can be argued that the electronic submission was a written instrument, albeit not in a physical format. The criminal issue will be whether or not you "knowingly or willfully" possessed the fraudulent identification, and not whether the i.d. will be considered a written instrument.
