WPIC 130.11 Falsely Make—Definition
11A WAPRAC WPIC 130.11Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11A Wash. Prac., Pattern Jury Instr. Crim. WPIC 130.11 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part XIII. Miscellaneous Crimes
WPIC CHAPTER 130. Forgery
WPIC 130.11 Falsely Make—Definition
“Falsely make” means to make or draw a complete or incomplete written instrument which purports to be authentic, but which is not authentic either because the ostensible maker is fictitious or because, if real, the maker did not authorize the making or drawing thereof.
NOTE ON USE
Use WPIC 130.10 (Written Instrument—Definition) with this instruction.
COMMENT
RCW 9A.60.010(5).
“Complete written instrument” and “incomplete written instrument” are defined in RCW 9A.60.010(1) and (2).
The use of an assumed name on a withdrawal slip constituted a forgery when in order to commit a fraud the defendant had assumed the identity of a person who had been dead for several years. “A person falsely makes a written instrument when she makes an instrument that purports to be authentic but is not because the ostensible maker did not authorize its making. RCW 9A.60.010(4). Here, [the decedent] obviously did not authorize [the defendant] to use his name.” State v. Aitken, 79 Wn.App. 890, 895, 905 P.2d 1235 (1995); see also State v. Daniels, 106 Wn.App. 571, 23 P.3d 1125 (2001) (department store charge slip signed by defendant purporting to sign on behalf of the cardholder).
[Current as of September 2019.]
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