| Forging a Prescription | | | | Uttering a forged instrument refers to |
| Forging a prescription is against the | | | | the passing of or making use of a forged |
| law. It is generally defined as the | | | | writing or document with knowledge of |
| illegal acquisition of pharmaceuticals | | | | its forged nature. For example, |
| for personal use or profit. People | | | | presenting a forged prescription to a |
| commit prescription fraud in many ways, | | | | pharmacy is uttering. |
| including going to multiple doctors for | | | | The California criminal jury |
| multiple prescriptions, and forging the | | | | instructions, known as CALJIC, outline |
| quantity on the prescription to increase | | | | the elements necessary to convict |
| the quantity. The biggest factor | | | | someone for forgery of a prescription. |
| driving prescription fraud is the | | | | CALJIC 12.05 reads in pertinent part: |
| increasing abuse and addiction to | | | | "In order to prove this crime, each of |
| prescription drugs. Health and Safety | | | | the following elements must be proved: |
| Code Section 11368 defines the offense | | | | 1. A person forged/altered/issued |
| and the punishment, reading: | | | | uttered a form for the prescription of |
| "Every person who forges or alters a | | | | drugs; and |
| prescription or who issues or utters an | | | | 2. |
| altered prescription, or who issues or | | | | As forged/altered issued/uttered the |
| utters a prescription bearing a forged | | | | prescription was for [a narcotic drug]. |
| or fictitious signature for any narcotic | | | | Or |
| drug, or who obtains any narcotic drug | | | | 3. |
| by any forged, fictitious, or altered | | | | A person issued a form for the |
| prescription, or who has in possession | | | | prescription of drugs; |
| any narcotic drug secured by a forged, | | | | 4. The prescription was for [a narcotic |
| fictitious, or altered prescription, | | | | drug]; and |
| shall be punished by imprisonment in the | | | | 5. The signature on the prescription was |
| county jail for not less than six months | | | | forged/fictitious/the prescription had |
| nor more than one year, or in the state | | | | been altered. |
| prison." (Emphasis added) | | | | |