Definition
To counterfeit is to make, copy, or imitate something—most commonly currency, official seals, or negotiable instruments—without lawful authority and with the intent to deceive or defraud by passing the false item as genuine. The term functions as both a verb (the act of counterfeiting) and an adjective describing the resulting item (a counterfeit bill).
As a verb: The criminal act of fabricating an imitation of something genuine—typically money, government documents, or official seals—with fraudulent intent. The imitation need not be perfect; it must only be capable of deceiving an ordinary person.
As an adjective: Describing any item produced through that process. A counterfeit instrument is one that falsely purports to be genuine, not merely one that contains false information. This distinction separates counterfeiting from forgery in many jurisdictions.
The term nearly always implies a double element: (1) the making of a false likeness of a real thing, and (2) the intent to pass it as that real thing. An imitation made openly, or made without fraudulent purpose, does not satisfy the definition.
Common Language
Modern common usage (Wiktionary): A non-genuine article; a fake. Also, one who counterfeits; a counterfeiter. Historically, the word also carried the sense of a likeness or portrait—that which resembles another thing.
Historical common usage (Webster's 1913): Fabricated in imitation of something else, with a view to defraud by passing the false copy for genuine or original. Webster's also preserves an older, non-criminal sense: "representing by imitation or likeness," as in a portrait or painted resemblance.
The legal meaning tracks common usage closely but strips away the older neutral sense. In law, counterfeit is never merely a likeness or representation—it requires fraudulent intent. The Shakespearean usage Webster's quotes ("counterfeit presentment of two brothers") would not satisfy any legal definition of counterfeiting. Researchers encountering the word in older literary or non-legal sources should not assume criminal connotation.
Common Confusion
Counterfeit is frequently confused with forgery, and historical sources often use the terms interchangeably. The modern distinction, where it is drawn, turns on the nature of the false document: counterfeiting involves reproducing a genuine instrument (making fake currency that mimics real currency), while forgery typically involves falsely making or materially altering a document—including signing another's name to an instrument that may not have existed before. Some jurisdictions collapse this distinction by statute. Federal law in the United States treats counterfeiting of currency and forgery of government obligations in adjacent but separate provisions. Researchers using 19th-century sources should verify which term their jurisdiction applied to which conduct, as the line was not consistently maintained.
Why It Matters in Research
Currency versus documents: Historical legal sources almost uniformly lead with coin and paper money as the paradigm case of counterfeiting. Researchers focused on document fraud, trademark counterfeiting, or counterfeit goods in modern commerce will find the historical dictionary entries less useful than the statute law and modern case law, which have substantially expanded the term's reach.
Trademark and trade dress: Modern federal and state counterfeiting statutes cover counterfeit trademarks and goods, a category entirely absent from the 19th-century dictionaries. A researcher using Black's or Bouvier's alone to define "counterfeit" in a modern goods-counterfeiting dispute would receive an incomplete picture.
Intent element: All historical sources agree that fraudulent intent is essential. Researchers analyzing whether a particular imitation constitutes counterfeiting should focus on the intent-to-pass element—courts have repeatedly held that mere copying, without the intent to pass as genuine, does not satisfy the definition.
The "without lawful authority" element: Burrill's flags that counterfeiting was anciently applied to the forging of the great or privy seal—a point that connects the term to the law of treason in early English law. This historical backdrop is relevant when researching the gravity of the offense and its treatment as a capital crime in pre-modern sources.
Federal corpus: In United States law, counterfeiting of currency and federal obligations is a federal offense. State-level materials in the Law Mind corpus will be less relevant for currency counterfeiting than federal materials; the reverse may be true for counterfeit goods and documents in intrastate commerce.
Historical Dictionary Support
The five historical sources are in close agreement on the core definition: an imitation made without lawful authority and with intent to defraud by passing the false for the true. Black's (both editions), Bouvier's, Rapalje & Lawrence, and Burrill's all converge on these elements. No meaningful divergence exists among them on the definition itself.
Burrill's provides the most etymological context, tracing the term to the Law French contrefait—literally "made against"—and notes its early application to the forgery of the great or privy seal, which contextualizes how seriously early common law treated the offense. Bouvier's cross-references Forgery and directs readers to Viner's Abridgment, confirming the term's deep roots in the English abridgment tradition.
What the historical dictionaries miss: They do not address counterfeiting of trademarks, commercial goods, pharmaceuticals, or digital credentials—all significant in modern law. They also do not address the gradations that modern federal statutes introduce (possession of counterfeiting tools, passing versus making, etc.). Researchers should treat the historical definitions as capturing the core concept, not the full modern scope.
Jurisdictional Note
Federal law governs counterfeiting of U.S. currency and federal obligations; state law governs a range of other counterfeiting offenses, including counterfeit goods and documents. The elements and penalties vary substantially. Internationally, the term appears in treaty obligations, including the Geneva Convention for the Suppression of Counterfeiting Currency, which affects how some jurisdictions define and prosecute the offense.
Encyclopedia Cross-Reference
Forgery and Counterfeiting — The Law Mind Criminal Law Encyclopedia (criminal_70)