Possible Punishment for Possession of a Forgery Device
If the defendant in possession of the device intends to use it to forge written instruments or to aid or permit another to use it for purposes of forgery, it is a class five (5) felony. A first offense class five (5) felony carries punishment of probation with zero (0) days in jail up to one (1) year in jail, or prison of six (6) months to two and one half (2.5) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is one (1) year to three and three quarters (3.75) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is three (3) years to seven and one half (7.5) years of incarceration.
If the defendant intends to use the device in order to perpetrate a fraud themselves, it is a class six (6) felony. A first offense class six (6) felony carries a range of punishment of probation with zero (0) days in jail up to one (1) year in jail, or prison of four (4) months to two (2) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the “prison only” range is nine (9) months to two and three quarters (2.75) years of incarceration. If the person has two (2) allegeable historical prior convictions, then the “prison only” range is two and one quarter (2.25) years to five and three quarters (5.75) years of incarceration.
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