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Can you get arrested in WA for faking a doctor’s note to call in sick? What state law says

In some cases, faking a doctor’s note could fall under Washington’s forgery and criminal impersonation laws.
In some cases, faking a doctor’s note could fall under Washington’s forgery and criminal impersonation laws. Getty Images/iStockphoto

In our Reality Check stories, journalists at McClatchy's four Washington state publications seek to hold the powerful accountable and find answers to critical questions in our community. Read more: The Bellingham Herald, The News Tribune, The Olympian, Tri-City Herald.

On Aug. 28 the Whatcom County Sheriff’s Office reported the arrest of a man in Blaine who had allegedly forged a doctor’s note. According to authorities, the man submitted a note with the name and signature of a nearby doctor in order to call in sick to work, but the doctor’s office had no record of him being a patient. The suspect was booked for forgery and first-degree criminal impersonation.

While it might seem strange that someone was arrested for trying to phone in sick to work, there are a few places in Washington law that could get you into trouble for faking a doctor’s note. Here’s what you should know.

What does WA state law say?

So if you fake a doctor’s note to get out of work, have you broken Washington law? It depends on the specifics, but in most cases, you probably have.

Under Washington law, anytime someone falsely “makes, completes or alters” a paper, document or a symbol of value, such as an official seal, with the “intent to injure or defraud,” they’ve committed forgery. The law also considers it forgery if you try to pass off a document you know to be false as true, or if you possess, read or offer someone a false document in an attempt to defraud them.

First-degree criminal impersonation, on the other hand, occurs when someone uses a false identity “with intent to defraud another or for any other unlawful purpose.” Claiming to act on behalf of a person or organization that you’re not affiliated with falls under the state’s definition of criminal impersonation as well.

State law includes a definition for second-degree criminal impersonation as well, although it only applies in cases where someone impersonated a law enforcement officer, military member or veteran.

Can you get arrested for it?

While it would be difficult for law enforcement to find out about a fake doctor’s note unless someone reports you, both forgery and first-degree criminal impersonation are considered class C felonies. That means they carry a fine up to $10,000 and can even result in a prison sentence of up to five years. However, both of those figures represent the maximum penalty allowed by the state, not the typical penalty for any one violation.

This story was originally published September 6, 2024 at 5:00 AM.

DS
Daniel Schrager
The Bellingham Herald
Daniel Schrager is the service journalism reporter at the Bellingham Herald. He joined the Herald in February of 2024 after graduating from Rice University in 2023. Support my work with a digital subscription
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