(1) (a) As used in this section: (i) "Device" means any equipment, mechanism, material, or program. (ii) "Writing" means the same as that term is defined in Section 76-6-501 . (b) Terms defined in Section 76-1-101.5 apply to this section. (2) An actor who, with intent to defraud, knowingly possesses a writing that is a forgery under Section 76-6-501 or 76-6-501.5 , or who with intent to defraud knowingly possesses a device for making a writing that is a forgery under Section 76-6-501 or 76-6-501.5 , commits possession of a forged writing or device for making a forgery writing. (3) A violation of Subsection (2) is a third degree felony. (4) This section may not be construed to impose criminal or civil liability on any law enforcement officer acting within the scope of a criminal investigation. (5) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be conducted in accordance with Title 77, Chapter 11a, Seizure of Property and Contraband , through Chapter 11c, Retention of Evidence .
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