NYS NOTARY - MISDEMEANORS &
FELONIES QUESTIONS AND ANSWERS
WITH COMPLETE SOLUTIONS 100%
CORRECT RATED A+ NEWLY UPDATED
2026
Criminal Penalties and Notarial Misconduct under NYS Law
I. Class A Misdemeanor
Under the New York Penal Law, a Class A Misdemeanor is a serious criminal
offense that falls just below a felony.
Sentencing Guidelines:
o Punishable by a definite term of imprisonment.
o The maximum jail sentence is exactly 1 year.
o The precise duration of the sentence is determined and fixed by the
sentencing court.
Critical Notary Violations Classified as Class A Misdemeanors:
1. Refusal to Administer a Mandated Oath: It is a misdemeanor for a notary
public to intentionally refuse to administer an oath or affirmation to a public
officer or citizen who is legally entitled to receive it.
2. Official Misconduct: A public servant (including a notary public) commits
this offense if, with intent to obtain a personal benefit or cause harm to
another, they knowingly perform an unauthorized act or refrain from
performing a duty prescribed by law.
3. Acting Without an Oath of Office: It is a misdemeanor to perform the
duties of a notary public without having taken, signed, and formally filed the
required constitutional oath of office with the County Clerk.
II. Class E Felony
A Class E Felony is the lowest category of felony under New York State law, but
it still carries severe statutory penalties.
, Sentencing Guidelines:
o The absolute maximum prison sentence is 4 years for a determinate
sentence.
o For an indeterminate state prison sentence, the minimum term of
imprisonment must be at least 1 year, and the maximum term is
capped at 3 years.
o NYS Exam Context: While minor notary procedural errors are
misdemeanors, severe fraudulent behaviors—such as knowingly
executing a false certificate or committing forgery—elevate the
offense to a Class E felony.
Examples of Class E Felonies:
- Issuing a false certificate, with intent to defraud
Class D Felony
- Forgery in the second degree = Class D Felony.
- Maximum jail sentence = 7 Years
- Max term of an indeterminate sentence = 3 years
What is the penalty for violating the provisions of §§478, 479, 480, 481, 482, 483,
or 484?
Misdemeanor charge
Forging a deed, an instrument affecting a legal right, is forgery in the second
degree and constitutes a class D felony.
True or False?
FELONIES QUESTIONS AND ANSWERS
WITH COMPLETE SOLUTIONS 100%
CORRECT RATED A+ NEWLY UPDATED
2026
Criminal Penalties and Notarial Misconduct under NYS Law
I. Class A Misdemeanor
Under the New York Penal Law, a Class A Misdemeanor is a serious criminal
offense that falls just below a felony.
Sentencing Guidelines:
o Punishable by a definite term of imprisonment.
o The maximum jail sentence is exactly 1 year.
o The precise duration of the sentence is determined and fixed by the
sentencing court.
Critical Notary Violations Classified as Class A Misdemeanors:
1. Refusal to Administer a Mandated Oath: It is a misdemeanor for a notary
public to intentionally refuse to administer an oath or affirmation to a public
officer or citizen who is legally entitled to receive it.
2. Official Misconduct: A public servant (including a notary public) commits
this offense if, with intent to obtain a personal benefit or cause harm to
another, they knowingly perform an unauthorized act or refrain from
performing a duty prescribed by law.
3. Acting Without an Oath of Office: It is a misdemeanor to perform the
duties of a notary public without having taken, signed, and formally filed the
required constitutional oath of office with the County Clerk.
II. Class E Felony
A Class E Felony is the lowest category of felony under New York State law, but
it still carries severe statutory penalties.
, Sentencing Guidelines:
o The absolute maximum prison sentence is 4 years for a determinate
sentence.
o For an indeterminate state prison sentence, the minimum term of
imprisonment must be at least 1 year, and the maximum term is
capped at 3 years.
o NYS Exam Context: While minor notary procedural errors are
misdemeanors, severe fraudulent behaviors—such as knowingly
executing a false certificate or committing forgery—elevate the
offense to a Class E felony.
Examples of Class E Felonies:
- Issuing a false certificate, with intent to defraud
Class D Felony
- Forgery in the second degree = Class D Felony.
- Maximum jail sentence = 7 Years
- Max term of an indeterminate sentence = 3 years
What is the penalty for violating the provisions of §§478, 479, 480, 481, 482, 483,
or 484?
Misdemeanor charge
Forging a deed, an instrument affecting a legal right, is forgery in the second
degree and constitutes a class D felony.
True or False?
