Promulgation is presenting a false document with the intent to defraud. The defense is not knowing it was forged. Pronunciation involves presenting a false document with knowledge and intent. Modern law pairs it with forgery.
Promulgation is a common law offense involving knowingly presenting a false document with the intent to defraud the party to whom the document is presented. The most common affirmative defense to the statement is that the defendant did not know that the deed was forged, as knowledge of the fact is required for culpability of the crime. The wording is largely obsolete in modern legal frameworks as they have generally paired crime with forgery, which is the act of creating a false document with the intent to defraud.
Pronunciation has three main elements. The person who commits the offense must (1) present a false document to another person (2) with knowledge that the document contains false information, and (3) with the intent that the person to whom the document is presented believes the false information. For example, if an underage girl for the purchase of alcohol presents an identification card with her photo of her indicating that she is older than she really is, then she may be held criminally liable for uttering in based on the common law.
The typical defense to the pronunciation is that the person did not know that the presented document was false. Take, for example, a lawyer’s assistant who is asked by a client to show a lawyer’s license. If the solicitor does not actually have a license but gives the assistant a fake license – without letting the assistant know that it is fake – and the assistant presents the document to the client, then the assistant cannot be held liable for the ruling . If accused of pronouncing, the assistant defense could prove that he was unaware that the license was a forgery. Furthermore, he could argue that he did not intend to defraud the client, as he believed the license to be valid.
Modern statutes do not usually define enunciation as a felony. Rather, in most cases, the crime has been built into modern forgery statutes. Therefore, in the above example where the girl presented a false ID claiming she was old enough to buy alcohol, if she was caught she would be prosecuted for forgery.
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