§708-856  Obtaining signature by deception. 
(1)  A person commits the offense of obtaining a signature by deception if,
with intent to defraud, the person:



(a) Causes another, by deception, to sign or execute
a written instrument; or



(b) Utters the written instrument specified in
subparagraph (a).



(2)  Obtaining a signature by deception is a
misdemeanor. [L 1972, c 9, pt of §1; gen ch 1993]



 



COMMENTARY ON §708-856



 



  The conduct proscribed by this section does not constitute
forgery, but is typically preparatory to theft by deception.  A signature is
not "property" within the meaning of §708-800, and hence cannot be
the subject of a theft provision.  Nor does forgery cover the result, since the
instrument is precisely what it purports to be, i.e., an authentic creation of
its ostensible maker.  But since the individual culpability and probable
results of such actions are so little distinguishable from those of forgery, it
is felt that a penalty commensurate with that for the lowest forgery offense (forgery
in the third degree, §708-853) ought to attach to obtaining a signature by
deception.  Note that the requisite intent to defraud, as defined in §708-800,
is the same as that required for the forgery offenses.