The uttering and publishing crime in Michigan might be complicated. The crime involves precise instances of speech or writing, but its name implies that these activities are involved.
“Uttering and publishing” is a crime that involves fabricating or falsifying significant papers to present them as authentic. In Michigan, the act of committing or releasing false documents carries a severe penalty, including lengthy jail sentences.
Elements Of Uttering And Publishing
It is illegal to say and publish “as genuine a false, forged, changed, or counterfeit record…knowing it to be false, altered, forged, or counterfeit with purpose to damage or defraud,” according to Michigan Penal Code Section 750.249. The crime of uttering and publishing has three elements, according to Michigan courts:
- The defendant’s awareness that the instrument was fraudulent
- A desire to commit fraud
- displaying a forged instrument.
To obtain a conviction for uttering and publishing, the prosecution must provide evidence of these factors beyond a reasonable doubt.
Types Of Documents Involved In The Offense
Various offenses fall under the purview of uttering and publishing under Michigan’s Penal Code, contingent upon the nature of the document submitted. These categories apply to the different kinds of documents:
- Public records and additional documents (MPC 750.249): This category includes account receipts, insurance policies, certificates from the register of deeds or the clerk of court, and promissory notes;
- The category of financial transaction devices (MPC 750.248a) comprises electronic funds transfer cards, debit cards, and credit cards.
- Documents impacting a real estate interest (MPC 750.249b): These comprise deeds, mortgage discharges, and other documents about real estate interests;
According to rulings made by Michigan courts, documents used in the commission of uttering and publishing do not need to be fake or falsified. Legally valid instruments obtained by dishonest means are also subject to the law.
For instance, when a defendant opened a bank account using a bogus identity and then tried to use a legitimate check issued on that false bank account to buy groceries, the Michigan Court of Appeals upheld the conviction for uttering and publishing. In another case, it was deemed to be uttering and publishing when legitimate gift cards were obtained by using a credit card that had been stolen and fake identification.
Criminal Consequences for Publishing and Uttering
If found guilty of uttering and publishing, a person faces a maximum 14-year prison sentence as a felony. The use of false documents with knowledge is the only offense for which uttering and publishing are punishable. If the defendant was complicit in the fraud or forgery that resulted in the manufacture of the utilized documents, there could be severe additional criminal consequences.
