Key Takeaways
- Notaries may face criminal prosecution for certain violations
- Knowingly notarizing false documents can constitute a crime
- Perjury charges may apply to false statements under oath
- Fraud involving notarized documents may result in criminal charges
- Criminal conviction may result in automatic commission revocation
Last updated: January 2026
Criminal Liability
While most notary violations result in administrative discipline, serious misconduct can lead to criminal prosecution. Understanding potential criminal liability helps notaries avoid conduct that could result in prosecution.
Types of Criminal Liability
Fraud
| Conduct | Criminal Consequence |
|---|---|
| Knowingly notarizing fraudulent documents | Fraud charges |
| Participating in forgery schemes | Fraud/forgery charges |
| Assisting identity theft | Criminal prosecution |
| Falsifying notarial certificates | Fraud charges |
Perjury
| Conduct | Criminal Consequence |
|---|---|
| Making false statements under oath | Perjury charges |
| Falsely swearing to identity | Perjury charges |
| False statements on notary application | Potential perjury |
Forgery
| Conduct | Criminal Consequence |
|---|---|
| Signing someone else's name | Forgery charges |
| Creating false documents | Forgery charges |
| Altering notarized documents | Forgery charges |
Unauthorized Practice of Law
| Conduct | Criminal Consequence |
|---|---|
| Practicing law without license | UPL charges |
| Charging for legal services | UPL charges |
Automatic Commission Revocation
A conviction under certain criminal statutes results in automatic revocation of the notary's commission. This includes:
- Crimes directly related to notarial duties
- Fraud and forgery convictions
- Other specified offenses
Scenarios That May Lead to Criminal Charges
Scenario 1: Identity Fraud
| Situation | Liability |
|---|---|
| Notarizing for someone you know is not who they claim to be | Criminal prosecution |
| Accepting fake ID you know is fraudulent | Criminal prosecution |
| Helping someone assume another's identity | Identity theft charges |
Scenario 2: Document Fraud
| Situation | Liability |
|---|---|
| Notarizing a deed you know is fraudulent | Fraud charges |
| Backdating documents to deceive | Fraud charges |
| Creating false acknowledgments | Forgery charges |
Scenario 3: Immigration Fraud
| Situation | Liability |
|---|---|
| Preparing immigration documents (UPL) | Federal charges possible |
| Notarizing known false immigration applications | Immigration fraud |
| Holding out as "notario" to deceive immigrants | Fraud charges |
Protecting Yourself from Criminal Liability
| Practice | Protection |
|---|---|
| Properly identify every signer | Prevents identity fraud participation |
| Refuse suspicious notarizations | Prevents fraud participation |
| Never backdate or predate | Prevents document fraud |
| Don't give legal advice | Prevents UPL charges |
| Keep accurate records | Demonstrates good faith |
Reporting Suspected Crimes
If you become aware of criminal activity:
- Do NOT participate in the notarization
- Consider reporting to law enforcement
- Document your observations
- Consult with an attorney if unsure
Criminal vs. Administrative Consequences
| Level | Consequence |
|---|---|
| Administrative only | Fines, suspension, revocation |
| Criminal | Prosecution, fines, imprisonment |
| Both | Administrative AND criminal penalties |
On the Exam
Key criminal concepts:
- Knowingly participating in fraud = criminal liability
- Forgery of notarial acts is a crime
- Perjury applies to false statements under oath
- Criminal conviction = automatic revocation for some offenses
- Best protection: refuse suspicious notarizations
Test Your Knowledge
What happens if a Hawaii notary is convicted of a crime related to their notarial duties?
A
B
C
D
Test Your Knowledge
A person asks you to notarize a document, and you suspect they are committing fraud. What should you do?
A
B
C
D