FORGERY IN THE SECOND DEGREE
(FALSE CERTIFICATION) - ELEMENTS
No person may be convicted of forgery in the second degree unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
Second, by an authorized officer;
Third, of a false acknowledgment/attestation;
Fourth, known by the officer to be false.
Statutory Authority: 21 O.S. 1991, § 1574.
Only one case has mentioned section 1574. Kelly v. State, 12 Okl. Cr. 208, 153 P. 1094 (1916), held that section 1574 is not a lesser included offense of section 1561. In the opinion of the Commission, section 1574 is meant to insure the authenticity of certifications of acknowledgments and attestations by notaries public and is not directed at forged certifications of notaries public.
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