If you are in possession of counterfeit money, is that a strict liability thing, or do they have to prove you KNEW it was counterfeit?
Say that I go to the grocery store tomarrow, and pay with a $100 dollar bill. I get a $20 dollar bill back in change.
Little do I know, that $20 dollar bill I got back in change is actually a well made counterfeit.
Later, I go into a different store and use that counterfeit $20 dollar bill to make another purchase. But this store holds the bill up to the light or marks it with a detector pen, revealing it is counterfeit and they call the police.
Am I automatically guilty of a crime for possessing and passing it?
Or would the fact that I didnt know it was counterfeit and simply got it as change from somewhere be a defense?
- jamesLv 71 year ago
Its a crime. You can get 20 years. But all Americans probably pass 3 or 4 counterfeit in there life time. Just take the loss. Banks do not have to take them back. Your loss. If a small amount why waste your time talking to the Feds? Your out the money. They don't care. Why put up with the head ache of talking to a pack of smart asks?
- K S LallLv 71 year ago
I don't know, but I do remember that in 1986 I withdrew $2000 in 100 dollar bills from the bank teller (not ATM). One of them was proven counterfeit, as I had suspicions and went to the local police station about it. The bank in question, which has since been bought out by a highly respected national bank, refused to do anything about it. "Once bitten, twice shy" - now when I withdraw money from the bank teller line, I withdraw nothing but ones and fives.
- D50Lv 61 year ago
"Strict liability" pertains to torts; like dog bites, blasting, etc. "Per se" usually refers to crimes where you can be guilty even if you are "sort of " innocent, like statutory rape.
- Anonymous1 year ago
Look up "strict liability." There is no connection between strict liability and this situation.
Passing money you know to be counterfeit is a criminal offense. If you don't know it's counterfeit and you try to pass it it will be confiscated, but you won't be charged.
I actually got a counterfeit bill at a bank.
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- 1 year ago
The money will be confiscated and not replaced, but if the investigation reveals that you did not know, then you will ot be prosecuted.
- David SLv 71 year ago
Authorities understand that counterfeit bills will make it into circulation and that some people will use them unknowingly. It's not a crime for casual criminals and they know that. A few questions, a trip to the bank to exchange it for authentic currency, and that's the end of it for most people.
- Anonymous1 year ago
That happened to me once. I tried to use a $5 at McDonald's and they told me it was counterfeit and handed it back to me. No one called the police. I handed them my credit card.
I showed the $5 counterfeit to my boss and he was so amused he paid me $5 for it. That was probably some kind of crime, but again, no one called the police.
- Larry CLv 71 year ago
While you may be detained, and questioned, one piece of currency, no record, and good explanations will get you set free.
- melouofsLv 71 year ago
You wouldn't get in trouble for innocently having a counterfeit bill. It happens so often, it's barely investigated. We own a business and were passed a counterfeit bill. Thanks to cameras and record-keeping, we knew it was one particular customer. The police were consulted. Nothing happened.
- DWLv 61 year ago
My understanding is that using counterfeit money is a crime whether you know it or not. But if you clearly got the bill in change and didn't know it was fake, you're not likely to be charged or seriously punished. (I'm not a lawyer.)