§ 12.1-24-04 — Definitions

In this chapter:
1. The definitions prescribed in section 12.1-23-10 apply.
2. A "deceptive writing" is a writing which has been:
a. Procured by deception; or
b. Issued without authority.
3. "Falsely alters" means to make a change in a writing, without authority, such that the
writing appears to have been made by, or fully authorized by, its apparent maker.
4. "Falsely completes" means to make an addition to or an insertion in a writing, without
authority, such that the writing appears to have been made by, or fully authorized by,
its apparent maker.
5. "Falsely makes" means to make a writing which purports to be made by the
government or another person, or a copy thereof, but which is not because the
apparent maker is fictitious or because the writing was made without authority.
6. To "forge" or to "counterfeit" a writing means to falsely make, complete, or alter the
writing, and a "forged" or "counterfeited" writing is a writing which has been falsely
made, completed, or altered. The terms "forgery" and "counterfeiting" and their
variants are intended to be synonymous in legal effect.
7. The term "obligation or other security of this state" means a bond, certificate of
indebtedness, coupon, fractional note, certificate of deposit, a stamp, or other
representative of value of whatever denomination, issued pursuant to a statute.
8. "Possess" means to receive, conceal, or otherwise exercise control over.
9. "Security" other than as provided in subsection 10 includes any note, stock certificate,
bond, debenture, check, draft, warrant, traveler's check, letter of credit, warehouse
receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest or
participation in any profit-sharing agreement, collateral-trust certificate, preorganization
certificate or subscription, transferable share, investment contract, voting-trust
certificate, certificate of interest in tangible or intangible property, instrument or
document or writing evidencing ownership of goods, wares, and merchandise, or
transferring or assigning any right, title, or interest in or to goods, wares, and
merchandise, uncanceled stamp issued by a foreign government (whether or not
demonetized); or, in general, any instrument commonly known as a "security", or any
certificate of interest or participation in, temporary or interim certificate for, receipt for,
warrant, or right to subscribe to or purchase any of the foregoing.
10. "Tax stamp" includes any tax stamp, tax token, tax meter imprint, or any other form of
evidence of an obligation running to a state, or evidence of the discharge thereof.
11. "Utter" means to issue, authenticate, transfer, publish, sell, transmit, present, use, or
otherwise give currency.
12. "Without authority" includes conduct that, on the specific occasion called into question,
is beyond any general authority given by statute, regulation, or agreement.

13. "Writing" means:
a. Any paper, document, or other instrument containing written or printed matter or
its equivalent, including money, a money order, bond, public record, affidavit,
certificate, contract, security, or obligation.
b. Any coin or any gold or silver bar coined or stamped at a mint or assay office or
any signature, certification, credit card, token, stamp, seal, badge, decoration,
medal, trademark, or other symbol or evidence of value, right, privilege, or
identification which is capable of being used to the advantage or disadvantage of
the government or any person.