What Happens If You Accidentally Use a Counterfeit Bill?

Need to know more about Counterfeit Bill? make sure you read the comment below. Cash remains king. Even though we use debit and credit cards when buying an item at a store or online, many of us still pay with cash. Although buying goods and services with cash helps maintain our privacy, we run the risk of passing a counterfeit bill.

So, what happens if you accidentally use a counterfeit bill? You could face state or federal fraud charges for using counterfeit bills—so you will need an aggressive defense team if that happens.

Do you know where to turn for help? In Albuquerque and across the state, the experienced lawyers from the New Mexico Criminal Law Offices can help. Since 1997, we have fought to protect our clients’ rights and preserve their liberty. Contact our office today to discuss your legal rights.

Can I Be Charged If I Didn’t Know the Money Was Counterfeit?

Simply put, yes, you can. However, keep in mind that you are presumed innocent until proven guilty beyond a reasonable doubt. The presumption of innocence remains with you unless and until the government, represented by the district attorney, produces evidence that convinces a jury of your guilt.

In New Mexico, the police only need probable cause to charge you with a crime. Therefore, if you accidentally bought an item with “funny money,” you could face a criminal offense. But as we’ve explained, a charge is far from a conviction. As you will see below, the prosecutor must prove that you intended to defraud someone to get a conviction for forgery or fraud. Therefore, even though the police can charge you with a crime for unintentionally using counterfeit money, your lawyer can certainly argue that you did not have fraudulent intent and are, therefore, not guilty of the crime.

Counterfeit Bill

What You Need to Know

Counterfeiting money is considered a serious criminal offense in nearly every country. It’s not just about printing fake cash — it includes producing, possessing, distributing, or using counterfeit currency with the intent to deceive or defraud.

🔍 Common Legal Principles (Globally Applicable):

1. Intent to Defraud:
   It must be proven that the person knowingly used or created fake currency with intent to deceive.

2. Manufacturing or Possession:
   Even owning materials used to produce counterfeit money (special paper, inks, printing plates) can be a criminal offense.

3. Distribution or Passing (Uttering):
   Using or attempting to spend fake money — even a single note — can lead to charges like fraud, forgery, or uttering counterfeit.

4. International Implications:
   Counterfeiting is often investigated by federal agencies (e.g., U.S. Secret Service, Interpol, Europol), especially when cross-border money or digital currencies are involved.

Examples of Counterfeit Money Laws by Country:

🇺🇸 United States:

• Governed by Title 18, U.S. Code § 471–474

• Penalties: Up to 20 years in prison and heavy fines

🇬🇧 United Kingdom:

• Covered under the Forgery and Counterfeiting Act 1981

• Offenses include making, using, or possessing counterfeit currency

• Penalties: Up to 10 years imprisonment

🇨🇦 Canada:

• Addressed under the Criminal Code of Canada (Section 449–462)

• Includes making, possessing, or passing counterfeit money

• Penalties: Up to 14 years imprisonment

🇮🇳 India:

• Under Indian Penal Code Sections 489A to 489E

• Counterfeiting, using, or having fake currency with intent to use

• Penalties: Ranges from 7 years to life imprisonment

🇦🇺 Australia:

• Covered under the Crimes (Currency) Act 1981

• Includes dealing with counterfeit money and instruments

• Penalties: Up to 14 years imprisonment

Forgery

According to New Mexico statutes, forgery occurs when a person falsely makes or alters any signature or another part of a legal document with the intent to injure or defraud. Forgery also occurs when a person knowingly issues or transfers a forged document with the intent to defraud or injure.

Fraud

You could also face a fraud charge. By definition, fraud means taking anything of value by intentional misrepresentation or fraudulent conduct, practices, or representations. According to the jury instructions for fraud, the government must prove that the alleged victim relied on the misrepresentation and acted in a way the person might not otherwise have acted. The fraudulent intent must exist at the time the misrepresentation and reliance occurred.

Under federal law, making, using, and possessing counterfeit money is a federal crime. Additionally, federal counterfeit laws pertain to printing false currency and possessing materials to produce counterfeit money.

Penalties for Counterfeit Money

The possible consequences of passing counterfeit money depend on the value of goods or services exchanged. Under New Mexico’s fraud statute, property fraudulently obtained valued at less than $250 is a petty misdemeanor. Petty misdemeanors can be punished with a jail sentence of no longer than six months and a $500 fine.