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I know someone who received two doses of the vaccine, and so she has a real vaccination card. But she had substantial side effects from the second dose, and so doesn't plan on getting a booster. Her current plan, if boosters ever become required in her area, is to just add a fake third dose to her card.
What is the legality of this plan (in the US)?

It seems like the relevant federal law only forbids faking the government seals, which she wouldn't have to do because she has a real vaccine card. So absent additional legal restrictions on modifying such documents, would this violate the above law?

On the other hand, it seems like it would be crime to bring such a forged record into New York, given their new law against forgery. Is this correct?

Journeyman Geek
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Betterthan Kwora
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3 Answers3

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The relevant NY law originally said that

"Written instrument" means any instrument or article, including
computer data or a computer program, containing written or printed matter or the equivalent thereof, used for the purpose of reciting, embodying, conveying or recording information, or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.

The modification adds:

For the purposes of this article, a card provided to a person by a vaccine provider indicating the date a person received a vaccination against COVID-19, the type of vaccine and its lot number, and bearing a government logo or other indication that it is created by a governmental instrumentality, shall be considered a written instrument.

This is an unnecessary modification: a covid card is plainly a "written instrument". Working through the definitions of falsely made, completed or altered, we see that a covid card modified as described is a forged document, and always has been one. Actually using a forged instrument is a crime, and has been so, and even possessing one is as long as you possess or utter it "with knowledge that it is forged and with intent to defraud, deceive or injure another".

So, (1) it is a crime in New York, (2) it has long been a crime in NY and (3) is probably a crime in other states, when there forgery laws are functionally equivalent to NY laws. For example, in Washington, RCW 9a.60.020

(1) A person is guilty of forgery if, with intent to injure or defraud: (a) He or she falsely makes, completes, or alters a written instrument or; (b) He or she possesses, utters, offers, disposes of, or puts off as true a written instrument which he or she knows to be forged.

It does not matter if you forge a document in a state where it is legal (if any such state exists) and then transport it to a state where forged documents are illegal. If you possess it and intend to use it knowing that it is forged, it is a crime.

user6726
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You say "absent additional legal restrictions on modifying such documents," but why are you assuming that absence?

There are indeed additional legal restrictions on modifying such documents. The first one that jumps to mind is 18 USC 1001. Under that statute, it is a felony punishable by up to five years in prison when a person:

in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully:

(1) falsifies, conceals, or covers up by any trick, scheme, or device a material fact;

(2) makes any materially false, fictitious, or fraudulent statement or representation; or

(3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry;

Because indicating a nonexistent vaccination on a vaccination card would generally be a materially false statement, it would be a felony to forge the card in the way you've described.

And this is of course on top of any state laws that would also be in play. Generally speaking, forging government documents is a terrible idea.

bdb484
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It depends what she intends to do with the forged card.

Note that N.Y. Penal Law ยง 170.20 creates the offence of criminal possession of a forged instrument if:

... with knowledge that it is forged and with intent to defraud, deceive or injure another, [s]he utters or possesses a forged instrument.

Criminal possession of a forged instrument in the third degree is a class A misdemeanor.