11.3 Criminal Penalties

Beyond civil liability and commission revocation, notaries who commit serious violations may face criminal prosecution. The penalties can be severe.

Misdemeanor Violations

Many notary law violations are misdemeanors:

Examples:

• Failure to maintain journal properly
• Charging excessive fees
• Failure to administer required oath
• Minor procedural violations

Penalties:

• Fines up to $1,500
• Possible county jail time
• Criminal record

Felony Violations

Serious misconduct may be charged as felonies:

Examples:

• Fraud involving real estate documents
• Forgery
• Conspiracy to commit fraud
• Document falsification

Penalties:

• Fines up to $75,000 (for real estate fraud)
• State prison time
• Permanent criminal record

Exam Tip: Real estate fraud carries the highest penalties—up to $75,000 in fines.

Specific Criminal Offenses

Forgery (Penal Code 470):

• Falsely making, altering, or forging documents
• Felony with significant prison time

Perjury (Penal Code 118):

• False statements under oath
• Felony offense

Fraud (various statutes):

• Deceiving others for financial gain
• May be misdemeanor or felony

Unauthorized Practice of Law:

• Providing legal services without a license
• Criminal penalties vary

Impact of Criminal Conviction

A criminal conviction results in:

• Automatic commission revocation
• Difficulty obtaining future commission
• Potential civil liability
• Damage to reputation
• Possible imprisonment

Reporting Crimes

If you witness notary-related crimes:

• Report to local law enforcement
• Report to the Secretary of State
• Preserve evidence

Table: Penalty Summary