Key Takeaways
- Unlawful acts are punishable by up to $2,500 fine or 1 year in jail
- Crimes include withholding journal, stamp, or commission
- Fraudulent use or alteration of notarial items is criminal
- Both notaries and non-notaries can be prosecuted
- Penalties are in addition to civil remedies
Last updated: January 2026
Criminal Penalties for Notarial Violations
Montana Code Annotated 1-5-632 establishes criminal penalties for unlawful acts related to notarial duties.
Criminal Offenses
The following are criminal offenses in Montana:
| Offense | Description |
|---|---|
| Withholding journal | Intentionally refusing to surrender notary journal |
| Withholding stamp | Intentionally refusing to surrender notary stamp/seal |
| Withholding commission | Intentionally refusing to surrender commission certificate |
| Fraudulent use | Using notarial items fraudulently |
| Alteration | Altering notarial documents or items |
| Defacement | Defacing notarial items (except when destroying at end of commission) |
| Other unlawful actions | Any unlawful actions regarding notarial documents |
Penalties
| Penalty Type | Maximum |
|---|---|
| Fine | Up to $2,500 |
| Imprisonment | Up to 1 year |
| Or Both | Fine and imprisonment |
Who Can Be Prosecuted
These penalties apply to:
| Person | For What |
|---|---|
| Notaries | Misconduct or unlawful acts |
| Non-notaries | Impersonating a notary, fraudulent use of notarial items |
| Former notaries | Continuing to notarize after commission expires |
Examples of Criminal Conduct
By Notaries
| Action | Violation |
|---|---|
| Notarizing without signer present | Fraud |
| Knowingly using false information | Fraud |
| Using stamp after commission expires | Unauthorized |
| Refusing to surrender journal when required | Withholding |
By Non-Notaries
| Action | Violation |
|---|---|
| Claiming to be a notary | Impersonation |
| Using someone else's stamp | Fraudulent use |
| Altering a notarized document | Alteration |
| Forging a notary signature | Fraud |
Relationship to Other Penalties
Criminal penalties are in addition to:
- Administrative action (commission revocation)
- Civil liability (lawsuits)
- Professional consequences
Protecting Notarial Items
To avoid criminal liability:
| Item | Protection |
|---|---|
| Stamp | Keep secure, destroy at commission end |
| Journal | Store safely, maintain for 10 years |
| Commission | Keep in safe location |
Reporting Crimes
If you become aware of notarial crimes:
- Contact local law enforcement
- Report to Secretary of State
- Document what you observed
On the Exam
- $2,500 fine: Maximum fine for violations
- 1 year jail: Maximum imprisonment
- Withholding items: Criminal to refuse surrender
- Non-notaries too: Anyone can be prosecuted
- Additional penalties: Criminal plus civil plus administrative
Test Your Knowledge
What is the maximum fine for intentionally withholding a notary journal?
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Test Your Knowledge
Can a person who is NOT a notary be criminally prosecuted for notarial violations?
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