7.3 Criminal Penalties

How G.S. 10B-60 Grades Notary Crimes

Important correction to a common study myth: Chapter 10B does not punish these notary acts as "infractions." The statute uses two criminal grades — Class 1 misdemeanor and Class I felony. Acts that students sometimes mislabel as infractions (acting with an expired commission, holding out without a commission, acting before the oath) are actually Class 1 misdemeanors under G.S. 10B-60(b).

Class 1 Misdemeanor Offenses

A person commits a Class 1 misdemeanor if they (G.S. 10B-60(b)):

• hold themselves out to the public as a notary without holding a commission;
• perform a notarial act while their commission is expired, suspended, or restricted; or
• perform a notarial act before taking the oath of office.

A notary also commits a Class 1 misdemeanor when they (G.S. 10B-60(c)):

• take an acknowledgment, take a verification/proof, or administer an oath or affirmation without the principal or subscribing witness appearing in person; or
• do any of those acts without personal knowledge or satisfactory evidence of the identity of the principal or witness.

Class I Felony Offenses

The grade jumps to Class I felony when knowledge or fraudulent intent is present (G.S. 10B-60(d)-(f), (n)). A notary or person commits a Class I felony when they:

• take an acknowledgment, verification, or proof, or administer an oath, knowing it is false or fraudulent;
• notarize without personal appearance with the intent to commit fraud;
• perform notarial acts knowing they are not commissioned under Chapter 10B;
• without authority obtain, use, conceal, deface, or destroy the seal or notarial records of a notary; or
• create, manufacture, or distribute counterfeit notary seals to enable unauthorized practice.

Penalty Comparison Table

Intent Is the Pivot

The same physical act can be a misdemeanor or a felony depending on the notary's mind:

Worked example: A notary acknowledges a signature without the signer present because she was rushed and careless — Class 1 misdemeanor. The same notary does it on a deed she knows is forged, to help a fraudster steal the property — Class I felony. The act looks identical; the knowledge/intent moves it up a tier.

Remember too the aider/abettor rule from 7.1: a third party who pushes the notary into a felony-grade act faces the same Class I felony exposure. There is no "I was only following orders" defense built into Chapter 10B.

Structured Sentencing: What the Grades Mean in Practice

North Carolina punishes crimes under the Structured Sentencing Act, where the sentence depends on the offense class and the offender's prior record.

The collateral effect of a felony matters: a Class I felony conviction is itself a disqualifying crime that bars a future commission (see 7.4) and can affect voting, firearm rights, and employment. So even a "low" felony class is devastating to a notary career.

Mapping Acts to Grades — Master Table

Worked Sentencing Scenario

A notary with no prior record acknowledges a deed without checking ID because he was rushed; the signer turns out to be legitimate and no one is harmed. This is a Class 1 misdemeanor (no fraud) and would likely draw community punishment. Contrast: the same notary, paid $500 by a fraudster to knowingly seal a forged deed, commits a Class I felony — a far more serious record-altering conviction even though the physical act (stamping a deed) looks the same. The differentiator the exam tests is always knowledge or intent to defraud.

Exam Memory Hooks

• Two grades only: Class 1 misdemeanor, Class I felony. No infractions in 10B-60.
• 120 days = misdemeanor cap; 3–12 months = Class I felony range.
• Knowledge / intent to defraud = the felony trigger.
• Seal tampering and acting while knowingly uncommissioned = automatic felonies.