Must a document have legal significance in order to be considered ‘forged’?

Yes. In order to be deemed a forgery, the writing must have some legal significance, and it must pretend to be something it is not. For example, it is considered forgery to write yourself a letter of reference for a job and purport it to be from a former employer. The legal liability the former employer could be held to for recommending someone makes it legally significant.

It is not considered forgery to write yourself a letter of introduction to a country club and purport it to be from a former member, because a letter of introduction has no legal, only social, significance. Painting a picture yourself and signing Picasso’s name is legally not forgery, as the painting has no legal significance, unless and until it is offered for sale or security as a genuine Picasso.

Case Studies: Forgery Examples With Legal Significance

Case Study 1: John’s Falsified Letter of Reference

In this case study, John fabricates a letter of reference, masquerading as his former employer, Sarah. The act of forging the letter carries legal implications, as it places Sarah at risk of being held accountable for endorsing someone she never actually recommended.

Case Study 2: Mark’s Counterfeit Letter of Introduction

Mark engages in the forgery of a letter of introduction directed towards a country club, falsely asserting that it originates from a previous member. Since this letter solely holds social significance and lacks legal weight, it does not meet the criteria for forgery.

Case Study 3: Painting Forgery and the Misuse of Picasso’s Name

Sarah creates a painting and signs it with Picasso’s name. Initially, this action does not constitute forgery since the artwork lacks legal significance. However, if Sarah were to attempt to sell or present it as a genuine Picasso creation, it would then be deemed a forgery.