Uttering a Forged Instrument
Publishing or presenting a false, forged, or altered covered writing as true while knowing it is false and intending injury or fraud.
Florida Statute
§ 831.02
Uttering forged instruments
Verified against the 2026 Florida Statutes: September 13, 2026
Quick Summary
Uttering is the act of passing or presenting the forged item as genuine; the defendant need not be the person who made it.
Elements of the Offense
Elements of the Offense
Elements marked AND are cumulative. Elements marked OR identify statutory alternatives; one applicable alternative must be established when that theory is charged. Conditional elements apply only to the identified statutory track.
- Element 1AND — Required
The State must prove all of the following
The defendant uttered and published as true a false, forged, or altered record, deed, instrument, or other writing covered by F.S. § 831.01.
Plain language: The defendant passed or presented the false item as genuine.
- Element 2AND — Required
The State must prove all of the following
The defendant knew the writing was false, altered, forged, or counterfeited.
Plain language: The defendant knew it was not genuine.
- Element 3AND — Required
The State must prove all of the following
The defendant intended to injure or defraud a person.
Plain language: The defendant intended to cause loss or deception by passing the item.
Jury Instructions
Jury Instructions
Instruction 17.2
Forgery — Uttering
Florida Standard Jury Instruction for F.S. § 831.02.
View Official InstructionVerified against the official instruction source: September 13, 2026
Additional Notes
Additional Notes
Important Distinction
Uttering requires presenting the item as true with knowledge it is false and intent to injure or defraud. The person who utters need not be the person who created the forgery.