11.3 Criminal Penalties
Key Takeaways
Completing a certificate the notary knows to be false violates Government Code 6203, a misdemeanor with a four-year statute of limitations
A false certificate made with intent to defraud can be charged as forgery under Penal Code 470(d)
Performing a notarial act on a deed of trust known to be forged or false is a felony under Government Code 8214.1/8225
Conviction of GC 6203 or any felony triggers mandatory commission revocation and surrender of the seal
Perjury under Penal Code 118 applies to false statements made under oath
Beyond Discipline and Civil Suits
Notary misconduct can be a crime. Criminal liability runs in addition to administrative discipline (Section 11.1) and civil liability (Section 11.2) — a single false notarization can yield revocation, a $10,000 civil judgment, and a criminal charge. The exam expects you to match the conduct to the correct statute and severity.
The Signature Misdemeanor: GC 6203
Government Code 6203 makes it a misdemeanor for an officer (including a notary) to knowingly make a false certificate or writing. Completing an acknowledgment or jurat that contains a statement the notary knows to be false is the classic 6203 offense. Two details are tested:
- It carries a four-year statute of limitations (longer than the standard one-year misdemeanor period).
- Conviction triggers mandatory revocation of the commission and surrender of the seal to the court.
When It Becomes a Felony: Forgery and Real-Estate Fraud
When the false certificate is made with intent to defraud, the conduct can be charged as forgery under Penal Code 470(d) — a "wobbler" that can be a felony. Separately, California treats real-property fraud as especially serious:
- Performing any notarial act on a deed of trust affecting real property while knowing it contains false statements or is forged is a felony (tied to GC 8214.1 and the real-estate fraud statutes).
- Felony real-estate fraud carries state prison exposure, and sentence enhancements scale with the victim's loss (an added year when loss exceeds $65,000, two years over $200,000, and more for larger losses).
Exam Tip: The deed-of-trust scenario is the one place California elevates a notary act to a felony by statute. If a fact pattern mentions a notary who knew a real-property document was forged, think felony — not misdemeanor.
Other Crimes to Recognize
| Offense | Statute | Level | Core element |
|---|---|---|---|
| False certificate by officer | GC 6203 | Misdemeanor (4-yr SOL) | Knowingly false certificate |
| Forgery | Penal Code 470(d) | Wobbler (felony possible) | False instrument with intent to defraud |
| Perjury | Penal Code 118 | Felony | False statement under oath/penalty of perjury |
| Notarizing forged deed of trust | GC 8214.1 / real-estate fraud | Felony | Knowing false statement on real property instrument |
| Unauthorized practice of law | Bus. & Prof. Code 6126 | Misdemeanor | Giving legal advice/services without a license |
How Perjury Differs
Penal Code 118 (perjury) punishes the signer who lies under oath, but it matters to notaries because a notary's jurat administers that oath. A notary who knowingly helps a signer swear to a false statement can be exposed as a participant. By contrast, GC 6203 punishes the notary's own false certificate. Keep the two straight: jurat/oath falsity points toward perjury concepts; a falsely completed certificate points to GC 6203.
Statute of Limitations and Stacking
Most notary misdemeanors carry the standard one-year limitations period, but GC 6203 is the exception at four years — the Legislature lengthened it precisely because false certificates often surface only when a fraudulent deed is later challenged. Felony forgery and real-estate fraud carry longer periods still. Because the criminal, civil, and administrative tracks are independent, a notary acquitted in a criminal case can still lose the commission administratively (lower burden of proof) and owe civil damages — never assume one outcome forecloses the others.
Penalty Ranges in Practice
| Track | Typical exposure |
|---|---|
| GC 6203 misdemeanor | Up to one year in county jail and/or a fine; mandatory revocation |
| Penal Code 470(d) forgery (felony) | 16 months, 2, or 3 years; or county jail as a wobbler |
| Felony real-estate fraud | State prison plus loss-based enhancements |
| Perjury (Penal Code 118) | Up to four years in state prison |
The figures the public most often misquote — a flat "$1,500 fine" or "$75,000 fine" — are not the notary criminal-fine schedule. The $1,500/$750 numbers are the civil penalties of GC 8214.15, not criminal fines, and California does not impose a fixed "$75,000 notary felony fine." On the exam, anchor to the statute (GC 6203, PC 470, PC 118) rather than to a memorized dollar figure.
Worked Example
A notary completes an acknowledgment for a grant deed without the signer present and dates it to match the closing. If the notary merely cut a corner, expect a GC 6203 misdemeanor plus administrative revocation. If the notary knew the deed was forged to steal the property, the charge escalates to felony real-estate fraud/forgery with state-prison exposure and loss-based enhancements. And because the four-year GC 6203 clock applies, prosecution remains possible long after the closing — often only after the rightful owner discovers the stolen equity.
The Through-Line: Conviction Ends the Commission
Whatever the level, conviction of GC 6203 or of any felony mandates revocation — the statute directs the court to revoke the commission and take the seal. There is no "pay a fine and keep practicing" option, and a felony record makes obtaining a future commission extremely difficult.
- Report suspected notary crimes to local law enforcement and the Secretary of State.
- Preserve the journal and certificate copies as evidence.
- Remember that criminal, civil, and administrative tracks proceed independently and can all apply to one act.
A notary knowingly completes an acknowledgment certificate stating facts that are false, but there is no proof of intent to defraud. The most directly applicable criminal statute is:
Penal Code 118 (perjury), a felony
Government Code 6203 (false certificate by an officer), a misdemeanor
Penal Code 470(d) (forgery), always a felony
No crime applies without proof of financial gain
Which scenario is treated by California statute as a felony for a notary?
Forgetting to record one journal entry on a routine power of attorney
Charging $1 over the maximum acknowledgment fee
Performing a notarial act on a deed of trust the notary knows is forged
Declining to notarize for a customer without proper identification
Upon a notary's conviction under Government Code 6203 or of any felony, what happens to the commission?
Nothing automatic; criminal and notary matters are fully separate
It is suspended only until the appeal is exhausted
The court must revoke the commission and require surrender of the seal
The notary may continue after paying a reinstatement fee
Sections you finish are checked off in the contents.