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Forging a Prescription

Forging a PrescriptionUttering a forged instrument refers to
Forging a prescription is against thethe passing of or making use of a forged
law. It is generally defined as thewriting or document with knowledge of
illegal acquisition of pharmaceuticalsits forged nature. For example,
for personal use or profit. Peoplepresenting a forged prescription to a
commit prescription fraud in many ways,pharmacy is uttering.
including going to multiple doctors forThe California criminal jury
multiple prescriptions, and forging theinstructions, known as CALJIC, outline
quantity on the prescription to increasethe elements necessary to convict
the quantity. The biggest factorsomeone for forgery of a prescription.
driving prescription fraud is theCALJIC 12.05 reads in pertinent part:
increasing abuse and addiction to"In order to prove this crime, each of
prescription drugs. Health and Safetythe following elements must be proved:
Code Section 11368 defines the offense1. A person forged/altered/issued
and the punishment, reading:uttered a form for the prescription of
"Every person who forges or alters adrugs; and
prescription or who issues or utters an2.
altered prescription, or who issues orAs forged/altered issued/uttered the
utters a prescription bearing a forgedprescription was for [a narcotic drug].
or fictitious signature for any narcoticOr
drug, or who obtains any narcotic drug3.
by any forged, fictitious, or alteredA person issued a form for the
prescription, or who has in possessionprescription 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 the5. The signature on the prescription was
county jail for not less than six monthsforged/fictitious/the prescription had
nor more than one year, or in the statebeen altered.
prison." (Emphasis added)



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