Penal Code § 472 PC – Forging, Counterfeiting, or Possessing a Fraudulent Public Seal

Penal Code § 472 PC makes it a crime to forge, counterfeit, or possess a fraudulent public seal or emblem (to create a fake document that appears official or endorsed by a government agency).

Prosecutors may charge this offense as either a misdemeanor or a felony. As a felony, the crime carries a maximum sentence of up to 3 years in state prison.

The language of the code section reads as follows:

472. Every person who, with intent to defraud another, forges, or counterfeits the seal of this State, the seal of any public officer authorized by law, the seal of any Court of record, or the seal of any corporation, or any other public seal authorized or recognized by the laws of this State, or of any other State, Government, or country, or who falsely makes, forges, or counterfeits any impression purporting to be an impression of any such seal, or who has in his possession any such counterfeited seal or impression thereof, knowing it to be counterfeited, and willfully conceals the same, is guilty of forgery.

Examples

• forging a California State seal on a driver’s license or identification card
• counterfeiting a corporate seal on a business card
• forging a public seal while making a fake credit card

Defenses

If you are accused of a crime under this statute, you can challenge the accusation with a legal defense. A few common defenses include showing that:

• you did not act with an intent to defraud,
• you were entrapped, and/or
• law enforcement violated one of your constitutional rights.

Penalties

A violation of California Penal Code Section 472 is a wobbler offense. A wobbler is a crime that a prosecutor can charge as either a misdemeanor or a felony.

Misdemeanor charges under this law are punishable by custody in county jail for up to one year.

Felony charges are punishable by confinement in state prison for up to three years.

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

• 1. What does it mean to forge and counterfeit a public seal?
• 2. Are there legal defenses to PC 472 charges?
  • 2.1. You had no intent to defraud
  • 2.2. You were entrapped
  • 2.3. The police violated your constitutional rights
• 3. What are the penalties?
• 4. Are there related offenses?
  • 4.1. Forging or counterfeiting a driver’s license – PC 470a
  • 4.2. Unlawful use of ID cards – VC 13004
  • 4.3. Manufacturing counterfeit identification cards – VC 13004.1

1. What does it mean to forge and counterfeit a public seal?

A prosecutor must prove the following to convict you under this statute successfully:

1. you forged or counterfeited a seal of this state, a legally authorized public officer or a court of record, a corporation, or a public seal legally authorized or recognized by any state, government, or country, and
2. when you did that act, you intended to defraud.¹

You are guilty of possessing a forged or counterfeit seal if the following are true:

1. you possessed a counterfeited public seal (or an impression of a public seal),
2. you knew the seal or impression was counterfeit and willfully concealed that fact, and
3. you acted with the specific intent to defraud another person.²

For purposes of this statute, you “intend to defraud” if you intend to deceive another person so as to cause a loss of:

• money,
• goods,
• services, or
• something else of value.³

Note that it is not necessary, for a guilty conviction under this law, that anyone actually is defrauded or actually suffer financial, legal, or property loss as a result of your acts. You are guilty so long as there is an intent to defraud.

2. Are there legal defenses to PC 472 charges?

Here at Shouse Law Group, we have represented literally thousands of people charged with fraud crimes such as PC 472. In our experience, the following three defenses have proven very effective with judges, juries, and prosecutors.

2.1. You had no intent to defraud

Recall that you are only guilty under this code section if you acted with the specific intent to defraud another person. Further, “intent to defraud” carries a precise definition under California law. A defense is for you to show that you did not act with this aim. Maybe, for example, you forged a seal to help pull off a practical joke.

2.2. You were entrapped

Entrapment is often used as a defense when you are charged under PC 472 after an undercover sting. Entrapment means that the police used some type of overbearing conduct to trick you into committing a crime. The defense works so long as you show that you only committed an offense because of the undercover officer’s actions.

2.3. The police violated your constitutional rights

You can always contest a counterfeit seal charge by showing that the police violated one of your constitutional rights.

Perhaps, for example, law enforcement:

• conducted an unlawful search or seizure,
• stopped or arrested you without probable cause,
• coerced a confession, or
• failed to read you your Miranda rights.

3. What are the penalties?

Violations of this code section are wobbler offenses. A prosecutor can charge a wobbler as either a misdemeanor or a felony.

Misdemeanor charges are punishable by:

• custody in county jail for up to one year, and/or
• a maximum fine of $1,000.⁴

A felony conviction is punishable by:

• custody in state prison for up to three years, and/or
• a maximum fine of $10,000.⁵

4. Are there related offenses?

There are three crimes related to forging a public seal. These are:

1. forging or counterfeiting a driver’s license – PC 470a,
2. unlawful use of ID cards – VC 13004, and
3. manufacturing counterfeit identification cards – VC 13004.1.

4.1. Forging or counterfeiting a driver’s license – PC 470a

Per Penal Code 470a, forging or counterfeiting a driver’s license is the crime where you alter, falsify, forge, duplicate, or counterfeit any driver’s license or identification card.⁶

If you use a counterfeit seal to make a false document or forged document in violation of this statute, then a prosecutor can charge you under both:

• Penal Code 470a, and
• Penal Code 472.

4.2. Unlawful use of ID cards – VC 13004

Per Vehicle Code 13004, the unlawful use of ID cards is the crime where you possess a fake ID or lend an ID to someone else.

As with PC 472 charges, if you are accused under this statute, you can challenge the accusation by showing that the police violated one of your constitutional rights.

4.3. Manufacturing counterfeit ID cards – VC 13004.1

Under Vehicle Code 13004.1, manufacturing counterfeit ID cards is the crime where you manufacture or sell counterfeit or fake California State ID cards.

Unlike with charges under PC 472, charges under this law are always filed as misdemeanors.

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