Over the years I’ve dealt with service providers who needed me to sign multiple documents. After I finish and get back to my office I get the call –
“Derron, you forgot to sign page nine.”
My response is always the same… “go ahead and sign my name for me.”
There’s always a brief hesitation and the person will say isn’t that forgery?
No, it’s not, and here’s why.
Arizona’s Forgery Law
Forgery law in Arizona has a few components, but relevant to this discussion is the part of the law that read, “with intent to defraud.”
In order for a person to be guilty of forgery, there must be “intent to defraud.”
Therefore, there is no forgery in my forgotten signature story above because I am explicitly giving the person the authority to sign my name. If somehow he was charged with the crime of forgery, he can simply assert he had permission.
Forgery Jury Trial
There is another safety mechanism for my service provider. In any Forgery trial, the alleged victim must come to court and testify that the signature was not authorized. Obviously, I’m not coming to court to say I did not give the person permission to sign my name.
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What is Forgery