§ 63-1-324.1. Birth, death or stillbirth certificates - Prohibited acts - Penalties.  


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  • A.  It shall be unlawful for any person to commit any of the following specified acts in relation to birth, death or stillbirth certificates issued by this state:

    1.  Create, issue, present or possess a fictitious birth, death or stillbirth certificate;

    2.  Apply for a birth, death or stillbirth certificate under false pretenses;

    3.  Alter information contained on a birth, death or stillbirth certificate;

    4.  Obtain, display or represent a birth certificate of any person as one’s own by any person, other than the person named on the birth certificate;

    5.  Obtain, display or represent a fictitious death or stillbirth certificate for the purpose of fraud;

    6.  Make a false statement or knowingly conceal a material fact or otherwise commit fraud in an application for a birth, death or stillbirth certificate; or

    7.  Knowingly presenting a false or forged certificate for filing.

    B.  Except as otherwise provided in subsection C of this section, it is a felony for any employee or person authorized to issue or create a birth, death or stillbirth certificate or related record under this title to knowingly issue such certificate or related record to a person not entitled thereto, or to knowingly create or record such certificate bearing erroneous information thereon.

    C.  A violation of any of the provisions of this section shall constitute a felony.

    D.  Notwithstanding any provision of this section, the State Commissioner of Health or a designated agent, upon the request of a chief administrator of a health or law enforcement agency, may authorize the issuance, display or possession of a birth, death or stillbirth certificate, which would otherwise be in violation of this section, for the sole purpose of education with regard to public health or safety; provided, however, any materials used for such purposes shall be marked “void”.

Added by Laws 2003, c. 384, § 1, eff. Nov. 1, 2003.  Amended by Laws 2011, c. 105, § 14, eff. Nov. 1, 2011.