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