Penal Code § 115 PC – Filing a False Document in California

Penal Code § 115 PC makes it a crime knowingly to file, register, or record a false or forged document in any public office within the state. Doing so is a felony punishable by up to three years in jail or prison.

The language of the statute reads that:

115. (a) Every person who knowingly procures or offers any false or forged instrument to be filed, registered, or recorded in any public office within this state, which instrument, if genuine, might be filed, registered, or recorded under any law of this state or of the United States, is guilty of a felony.

Examples

• forging a real estate deed and filing it with the county recorder’s office.
• filing false fishing records with the California Department of Fish and Wildlife.
• filing a false timesheet with a public employer.

Defenses

You can raise a legal defense to challenge allegations of violating this statute. Common defenses include showing that you:

• did not know that a document was false or forged,
• did not provide a document to a public office, and/or
• were falsely accused.

Penalties

A violation of California Penal Code Section 115 is charged as a felony. This is as opposed to a misdemeanor or an infraction.

The crime is punishable by:

• custody in jail or prison for up to three years, and/or
• a maximum fine of $10,000.

A judge may award you with felony probation in lieu of prison time.

Our California criminal defense attorneys will address the following in this article:

• 1. “Filing False Documents” Defined
• 2. Defenses
• 3. Penalties
• 4. Immigration Consequences
• 5. Record Clearing
• 6. Effect on Gun Rights
• 7. Related Crimes
• Additional Reading

1. “Filing False Documents” Defined

To successfully convict you under Penal Code 115, a district attorney has to prove the following “elements” in the jury instructions beyond a reasonable doubt:

1. you provided a document for filing, recording, or registration with a public office,
2. you knew that the document was a false document or a forged document when you filed it, and
3. the document was one that, if authentic, could be legally filed.¹

Note that this criminal law applies to a wide variety of documents, from fishing records to pay stubs. Nevertheless, courts have ruled that the statute is not overly vague.²

In addition, many criminal offenses under these laws involve the filing of documents related to real estate property (such as quitclaim deeds, property deeds, and deeds of trusts).³ In these cases, and depending on the type of document involved, charges could potentially be brought under:

• Penal Code 115,
• California’s real estate fraud laws, or
• the state’s mortgage fraud laws.

2. Defenses

Defense lawyers can use several legal strategies to challenge filing false document charges. These include showing that:

1. you did not know that a document was false or forged.
2. you did not file a document with a public office.
3. you were falsely accused.

You Had No Knowledge the Document Was False or Forged

Recall that you are only guilty under this statute if you:

1. provided a document for filing, and
2. knew that the document was false or forged.

This means it is always a defense for to show that you did not have this requisite knowledge.

You Did Not File a Document With a Public Office

These laws only apply if you presented a document for filing with a California public office (such as a county recorder’s office or California’s Department of Motor Vehicles). Therefore, you can try to challenge a PC 115 charge by showing that you did not offer a document to a public entity. Perhaps, for example, you presented a document to a private employer/company.

Note, though, that even if successful, and a document was false or forged, you could be charged under a different statute.

You Were Falsely Accused

People get falsely accused of this crime all the time. Reasons as to why “victims” raise false accusations of this offense include:

• family drama,
• revenge, or
• property disputes.

Therefore, you can always raise the defense that you were unjustly blamed.

3. Penalties

A violation of this code section is charged as a felony. The crime is punishable by:

• imprisonment in jail or prison for up to three years, and/or
• a maximum fine of $10,000.

While a judge may award probation in lieu of prison time, you are not eligible if either of the following is true:

1. you have a prior conviction for violating PC 115, or
2. you get convicted of more than one count of PC 115 and caused a total loss of more than $100,000.⁴

Note also that there are a few sentencing enhancements that may apply to these criminal proceedings.

For example, you will face California’s so-called “aggravated white-collar crime enhancement” if all of the following are true:

1. you are convicted of two or more felonies involving fraud or embezzlement (one of which can be PC 115 filing false or forged documents) in the same criminal proceeding,
2. the felonies are part of a pattern of criminal conduct,
3. the felonies are committed either against two or more separate victims, or against the same victim on two or more separate occasions, and
4. your actions are alleged to have deprived the victim or victims of more than $100,000.⁵

This aggravated white-collar crime enhancement can lead to:

• an additional one to five years in state prison, and/or
• an additional fine of as much as $500,000 or double the amount of the fraud (whichever is greater).⁶

4. Immigration Consequences

A violation of this statute can cause negative immigration results.

California law labels certain offenses as “crimes involving moral turpitude.” If you are a non-citizen who commits one of these offenses, then you can be:

1. deported, or
2. marked as inadmissible.

One California court has stated that a PC 115 violation is a crime involving moral turpitude if you acted with the intent to defraud.⁷

Therefore, if you acted with this intent, you could face deportation or be deemed inadmissible.

5. Record Clearing

If you are convicted of filing a false document, you cannot get an expungement.

You cannot get a conviction expunged if the offense is punishable by a prison term.

6. Effect on Gun Rights

A false document conviction will negatively affect your gun rights.

California law states that convicted felons must relinquish the right to:

• purchase a gun,
• own a gun, and
• possess a gun.

Since filing a false document is a felony, a conviction will strip you of your gun rights.

7. Related Crimes

There are three crimes related to filing a false or forged document. These are:

1. elder abuse – PC 368,
2. forgery – PC 470, and
3. perjury – PC 118.

7.1. Elder Abuse – PC 368

Penal Code 368 PC is the California statute that makes elder abuse a crime. The section applies to the physical or emotional abuse, neglect, or financial exploitation of anyone 65 years of age or older.

If you file a false document and it results in the financial exploitation of a person 65 or older, then you could be charged under either:

• PC 368, or
• PC 115.

7.2. Forgery – PC 470

Penal Code 470 PC is the California statute that makes it a crime to falsify a signature or fraudulently alter certain documents.

Unlike filing a false document, you do not have to present a forged document to a public office to violate this statute. Altering a document or signature is enough.

7.3. Perjury – PC 118

Penal Code 118 PC is the California statute that makes it a crime to give a false statement while under oath.

While PC 115 pertains to false documents, this statute involves false statements/testimony.

Additional Reading

For more in-depth information on forgery laws, refer to the following scholarly articles:

• Fraud: The Necessity for an Intent to Deceive – UCLA Law Review.
• Forgery and the Literacy of the Early Common Law – Albion.
• When Is a Document False in the Law of Forgery? – The Modern Law Review.
• Insurance against Check Forgery – Columbia Law Review.
• The Perfect Fake: Creativity, Forgery, Art and the Law – DePaul-LCA Journal of Art & Entertainment Law.

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