Inside the lives of people writing essays for US students

It may swing on the interpretation of “publishing”. For Mary it is a private transaction. The student for whom the work is created is not the public - though it is he who goes on to publish it as his own. Mary does not publish a document under her own or anyone else’s name. Nor does she attempt to lie about her role as the author. Who does she lie to? She does not even submit the work. She puts neither her own or his name to the work. He does that.
Probably, a charge of forging and uttering is closer to the mark. Maybe.