6.5 Criminal Penalties
Key Takeaways
- MCA 1-5-632 makes it a crime to withhold a notary journal, stamp, or commission, or to fraudulently use, alter, or deface notarial items.
- The maximum penalty is a fine up to $2,500 and/or imprisonment up to 1 year — a misdemeanor.
- Non-notaries can be prosecuted too — for impersonating a notary or fraudulently using notarial items.
The Criminal Statute
MCA 1-5-632 establishes criminal penalties for unlawful acts involving notarial items and certificates. Unlike administrative discipline (which only affects your commission), a criminal conviction can mean a fine and jail time. The statute targets the misuse of the three core notarial items — the journal, the stamp/seal, and the certificate of commission — and any fraudulent handling of notarial certificates.
Criminal Offenses
It is a crime in Montana to do any of the following:
| Offense | Description |
|---|---|
| Withholding the journal | Intentionally refusing to surrender the notary journal when required |
| Withholding the stamp | Intentionally refusing to surrender the seal/stamp |
| Withholding the commission | Intentionally refusing to surrender the commission certificate |
| Fraudulent use | Using a journal, stamp, or certificate fraudulently |
| Alteration | Altering a notarial certificate or item |
| Defacement | Defacing notarial items (except lawful destruction at the end of a commission) |
| Other unlawful acts | Any other unlawful action regarding notarial certificates |
The Penalty
| Penalty Type | Maximum |
|---|---|
| Fine | Up to $2,500 |
| Imprisonment | Up to 1 year |
| Combination | Fine and imprisonment |
This is a misdemeanor-level penalty. Note the exact numbers — $2,500 and 1 year — are common exam targets, and distractors often offer $500, $1,000, or $5,000.
Who Can Be Prosecuted
The statute is not limited to current notaries.
| Person | Typical Criminal Conduct |
|---|---|
| Current notary | Fraudulent notarization, refusing to surrender items |
| Non-notary | Impersonating a notary, using someone else's stamp |
| Former notary | Continuing to notarize after the commission expires |
Worked Example
A notary leaves her job at a bank. The bank, which paid for her commission, demands she 'turn in' her journal. The journal is the notary's personal property and record, not the employer's — but she may not destroy or hide it. If she instead refuses a lawful surrender demand from the Secretary of State, that intentional withholding is the chargeable offense. The correct practice: she keeps and retains her own journal (Montana requires retaining it for 10 years), and surrenders or destroys items only as the law directs at the end of her commission.
The word intentionally is doing real work in this statute. Losing a journal in a house fire, or being unable to immediately locate the stamp, is not the crime; deliberately refusing to surrender an item when lawfully required to do so is. Likewise, the fraudulent-use offenses turn on intent to deceive: using your seal on a document where no real notarization occurred, applying a stamp after your commission has expired, or letting another person borrow your stamp to 'notarize' something. Each of these is a knowing misuse of an official instrument, which is exactly what the legislature criminalized.
The defacement provision carves out the one lawful exception — destroying or disabling your stamp at the end of your commission so it cannot be misused, which the law actually encourages.
Stacking of Penalties
Criminal penalties under 1-5-632 are in addition to, not instead of:
- Administrative discipline — the SOS can still revoke the commission (6.4).
- Civil liability — an injured party can still sue for damages.
- Employer/professional consequences — termination or other licensing-board action.
A single act of fraudulent notarization can therefore trigger criminal charges, commission revocation, and a civil lawsuit at the same time. Consider a notary who stamps a deed for an absent seller as a 'favor.' The forged closing later collapses: a prosecutor can charge the notary under 1-5-632 (up to $2,500 and a year in jail), the Secretary of State can revoke the commission under 1-5-621, and the defrauded buyer can sue the notary personally and file a claim against the surety bond.
These three tracks are independent and run in parallel — an acquittal on the criminal charge does not protect the commission, and a revocation does not erase the civil debt. This is why 'just stamping it' is never a small favor.
Impersonation and Former Notaries
Two non-current-notary scenarios appear often. First, impersonation: a person who was never commissioned but holds themselves out as a notary, applies a counterfeit seal, or signs a certificate is committing fraud and can be prosecuted even though they never held a commission. Second, the former notary: someone whose commission expired or was revoked but who keeps notarizing is acting without authority, and continuing to use an expired stamp is a fraudulent use of a notarial item.
The lesson for legitimate notaries is operational — when your commission ends, stop notarizing immediately and disable your stamp so it cannot be used by you or anyone else. Leaving an old, intact stamp in an unlocked drawer is how innocent-looking items end up in a criminal case.
Protecting Your Items
| Item | Best Practice |
|---|---|
| Stamp/seal | Keep secured; destroy only at the end of your commission |
| Journal | Store safely; retain for 10 years; never alter entries |
| Commission certificate | Keep in a safe place; surrender when lawfully required |
On the Exam
- $2,500 maximum fine; 1 year maximum jail.
- Withholding journal, stamp, or commission is a crime.
- Non-notaries can be prosecuted (impersonation, fraudulent use).
- Penalties stack — criminal + administrative + civil.
- Journal retention is 10 years; never alter or deface entries.
Under MCA 1-5-632, what is the maximum fine for intentionally withholding a notary journal?
Can someone who is NOT a notary be criminally prosecuted under Montana's notarial-crimes statute?