New York State Notary Practice Exam

A person not commissioned as a notary public who acts as one is guilty of what level of offense?

1. Felony

2. Misdemeanor

3. Infraction

4. Guilty only if harmful

The correct answer is: Misdemeanor

The correct answer is that a person who acts as a notary public without being properly commissioned is committing a misdemeanor. In New York State, the law clearly outlines that unauthorized practice as a notary public can lead to criminal charges, emphasizing that notaries are entrusted with important responsibilities regarding the execution of legal documents. Misdemeanors, while not as severe as felonies, still carry significant penalties. This classification signals the seriousness of the offense, as it reflects the potential threats to legal integrity and the public's trust which can arise from unqualified individuals performing notary duties. In this case, the focus is on maintaining lawful practices; therefore, performing notarial acts without the proper authorization undermines the legal process and can lead to confusion or fraud. Considering other options, a felony carries heavier penalties and would imply a more serious crime, while an infraction typically pertains to less serious violations, often resulting in fines rather than criminal charges. The option regarding guilt only if harmful does not align with the law, as it overlooks the fact that the mere act of unlawfully notarizing documents itself constitutes an offense, regardless of harm.