California Penal Code Section 472 PC: Forging Or Possessing A Fraudulent Public Seal

California Penal Code Section 472 PC: Forging Or Possessing A Fraudulent Public Seal

California Penal Code Section 472 PC makes it illegal to forge, counterfeit, or possess a fraudulent public seal or emblem. This law prohibits the unauthorized creation, copying, or possession of seals or emblems used by government agencies or officials. Violating PC 472 can lead to misdemeanor or felony charges, depending on the circumstances.

Public seals and emblems represent the authority and integrity of government institutions. Forging or misusing them undermines public trust and threatens democracy. While free speech rights protect parody or satire of public seals, outright counterfeiting aims to deceive and commit fraud.

Let’s break down California’s law on fraudulent public seals: what’s illegal, penalties, and defenses. We’ll also look at real case examples and the impacts on communities.

What is Illegal Under California PC 472?

There are three ways to violate Penal Code 472:

• Forging a public seal or emblem
• Counterfeiting a public seal or emblem
• Possessing a fraudulent public seal or emblem

“Forging” means creating a fake or replica seal from scratch. “Counterfeiting” means copying or replicating an existing seal. Either act requires proof you intended to use the forged or counterfeit seal to defraud others.

“Possession” makes it illegal to knowingly have a forged public seal in your ownership or control. Prosecutors don’t need to prove you had intent to defraud someone.

What is a Public Seal or Emblem?

A “public seal” under PC 472 refers to an official symbol used by a government agency or public official to mark documents. Public seals certify the authenticity and authority of government-issued records, licenses, orders, certificates, etc. They help prevent forgery or tampering.

Common public seals include:

• The California state seal
• County clerk seals
• Notary public seals
• Court clerk seals
• State agency and department seals (DMV, Secretary of State, etc.)

An official’s signature can also count as their “seal” under this law. For example, forging the governor’s signature on an executive order.

Intent to Defraud

To convict someone of forging or counterfeiting a public seal, prosecutors must prove the person intended to use the fake seal to commit fraud. Fraud means deceiving or misleading someone for unlawful gain.

For example, a person who:

• Forges the county clerk’s seal on a fake marriage certificate to get immigration benefits.
• Uses a counterfeit notary stamp to backdate a deed transfer document.
• Attaches a phony state seal to a fake driver’s license.

Without evidence you planned to use the forged seal fraudulently, you can’t be convicted under the first two parts of PC 472. But possessing a fake seal is illegal, even without intent to defraud.

Penalties for Violating California PC 472

Forging, counterfeiting, or possessing a fraudulent public seal is a wobbler offense under California law. It can be filed as a misdemeanor or felony, at the prosecutor’s discretion.

Misdemeanor Charges

Misdemeanor convictions for violating Penal Code 472 carry:

• Up to 1 year in county jail
• A fine up to $1,000
• Informal probation

Felony Charges

Felony convictions can lead to:

• 16 months, 2 years, or 3 years in state prison
• Up to $10,000 in fines
• Formal probation

Factors that can increase charges from a misdemeanor to a felony include:

• Having a prior conviction under PC 472
• Committing ID theft or another felony when using the forged seal
• Forging a seal as part of a larger fraud scheme
• Number of fake seals possessed

Legal Defenses

Common defenses against California PC 472 charges include:

• No intent to defraud – Forging or counterfeiting charges require prosecutors to prove you planned to commit fraud. Without evidence of fraudulent intent, a forgery charge should be dismissed.
• No knowledge – Possessing a fraudulent public seal is only a crime if you knew the seal was forged. For example, if someone slips a fake seal into your briefcase without your knowledge.
• Authorized use – It’s not forgery if you had permission to use a legitimate public seal, like from your government employer.
• Parody – The First Amendment protects satirical or parodic depictions of public seals that aren’t meant to deceive.

An experienced criminal defense attorney can evaluate the evidence and build an effective defense to challenge your charges.

Recent Cases of California PC 472 Violations

Here are some notable examples of fraudulent public seal charges in California news:

• An Orange County CEO was arrested for allegedly forging state and university seals to back phony businesses and swindle over $100 million from investors.
• A former notary public was charged with forgery for falsely notarizing a woman’s signature on an illegal deed transfer document.
• A Los Angeles man was indicted for allegedly forging the U.S. Department of State seal on fake visa documents to smuggle people into the country.

These cases show how violating PC 472 erodes public trust in vital institutions that communities rely on daily.

Why Forging Public Seals is Harmful

Public seals legitimize government authorities and actions. Faking these symbols has far-reaching consequences:

• Enables fraud and abuse – Forged seals let people impersonate officials, create fake IDs and documents, falsify records, scam others, etc.
• Damages integrity – Counterfeit seals make it harder to trust records, licenses, orders, and certificates issued by agencies.
• Undermines democracy – Public seals authorize policies, laws, elections, and justice. Forgeries disrupt these systems.
• Steals public funds – Scams using fake seals divert taxpayer money and resources.

While sealing wax and stamped signets seem antiquated, these symbols still ensure accountability and security in government processes today.

Consult an Attorney for Help with PC 472 Charges

Facing charges of forging, counterfeiting or possessing a fraudulent public seal can have life-changing impacts. An experienced California criminal defense lawyer can protect your rights and future.

If you or a loved one has been arrested under Penal Code Section 472, don’t leave your defense to chance. Speak with an attorney right away for trusted advice and strong representation. A skilled lawyer can often negotiate reduced charges or get charges dismissed.

With so much at stake, get experienced legal help fighting PC 472 allegations. Don’t let false accusations ruin your reputation and freedom.

References

[1] https://www.losangelescriminallawyer.pro/california-penal-code-section-472-pc-forging-or-possessing-a-fra.html

[2] https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=472

[3] https://www.shouselaw.com/ca/defense/penal-code/472/

[4] https://www.simmrinlawgroup.com/california-penal-code-section-472/

[5] https://www.losangelesduiattorney.com/california-penal-code-472/

[6] https://www.lawserver.com/law/state/california/codes/california_penal_code_472