THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931
750.249 Forgery of records and other instruments; uttering and publishing; exception. Sec. 249.
(1) A person who utters and publishes as true a false, forged, altered, or counterfeit record, instrument, or other writing listed in section 248 knowing it to be false, altered, forged, or counterfeit with intent to injure or defraud is guilty of a felony punishable by imprisonment for not more than 14 years. (2) This section does not apply to a scrivener's error.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.249 ;-- Am. 2008, Act 378, Imd. Eff. Dec. 23, 2008 ;-- Am. 2011, Act 206, Eff. Jan. 1, 2012 Former Law: See section 2 of Ch. 155 of R.S. 1846, being CL 1857, § 5803; CL 1871, § 7632; How., § 9214; CL 1897, § 11660; CL 1915, § 15433; and CL 1929, § 17049.
Analysis of Michigan Penal Code Section 249
The provided excerpt is from Act 328 of 1931, which includes Section 249 of the Michigan Penal Code. This section addresses the offense of forgery of records, instruments, or other writings, as well as the act of uttering and publishing such falsified documents. The following analysis provides an overview of the key elements and implications of this section.
Forgery of Records, Instruments, or Other Writings
- Section 249 establishes that a person who utters and publishes a false, forged, altered, or counterfeit record, instrument, or other writing listed in section 248, knowing it to be false, altered, forged, or counterfeit, with the intent to injure or defraud another person is guilty of a felony offense.
- The term "record, instrument, or other writing" refers to any document or written material that is specifically listed in section 248. This may include various legal or official documents, such as contracts, deeds, wills, financial instruments, or other similar writings.
- The key element of this offense is the knowledge that the document or writing being uttered and published is false, altered, forged, or counterfeit. The intent to injure or defraud another person must also be present.
- The penalty for this offense is imprisonment for a term of up to 14 years.
Exception: Scrivener's Error
- Section 249 provides an exception for cases of scrivener's error. A scrivener's error refers to a typographical or clerical mistake made by a professional involved in drafting or preparing legal documents. This exception means that the section does not apply to cases where the falsification is a result of unintentional errors in the preparation of the document.
Historical Context
Section 249 was included in the Michigan Penal Code through Act 328 of 1931 and has undergone subsequent amendments. The most recent amendments were made in 2008 and 2011, with the latter effective from January 1, 2012. It is important to note that this analysis is provided for informational purposes only and should not be considered legal advice. For accurate and up-to-date information, it is advisable to consult legal professionals or refer to the complete and current version of the Michigan Penal Code.