§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 [paragraph] (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.
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