A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-13-10, RELATING TO FORGERY, SO AS TO CLARIFY THAT THE TERM "WRITING", AS USED IN THIS SECTION, INCLUDES MONEY OR CURRENCY, AMONG OTHER THINGS.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 16-13-10 of the S.C. Code is amended to read:

 

    Section 16-13-10. (A) It is unlawful for a person to:

       (1) falsely make, forge, or counterfeit; cause or procure to be falsely made, forged, or counterfeited; or wilfully act or assist in the false making, forging, or counterfeiting of any writing or instrument of writing;

       (2) utter or publish as true any false, forged, or counterfeited writing or instrument of writing;

       (3) falsely make, forge, counterfeit, alter, change, deface, or erase;  or cause or procure to be falsely made, forged, counterfeited, altered, changed, defaced, or erased any record or plat of land; or

       (4) willingly act or assist in any of the premises, with an intention to defraud any person.; or

       (5) knowingly possess, with the intent to defraud, any writing in a fictitious name or such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority.

    (B) A person who violates the provisions of this section is guilty of a:

       (1) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both, if the amount of the forgery is ten thousand dollars or more;

       (2) felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both, if the amount of the forgery is less than ten thousand dollars.

    (C) If the forgery does not involve a dollar amount, the person is guilty of a misdemeanor under the jurisdiction of the magistrates or municipal court, notwithstanding the provisions of Sections 22-3-540, 22-3-545, 22-3-550, and 14-25-65, and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both.

    (D) For purposes of this section, "writing" includes, but is not limited to, printing or any other method of recording information, money, currency, coins, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right, privilege, or identification.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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