Key Takeaways
- Violations are classified as infractions, misdemeanors, or felonies
- Falsely claiming to be a notary is an infraction
- Notarizing without personal appearance is a Class 1 Misdemeanor
- Knowing false notarization is a Class I Felony
- Intent matters in determining the level of offense
Last updated: January 2026
Criminal Penalties for Notary Violations
Under G.S. 10B-60, criminal penalties for notary violations are tiered based on the severity and intent of the offense.
Infraction Violations
The following violations are punishable as infractions:
| Violation | Description |
|---|---|
| Holding oneself out as a notary without a commission | Falsely claiming to be a notary |
| Performing notarial acts with expired commission | Acting after commission expires |
| Performing notarial acts with suspended/restricted commission | Acting despite restrictions |
| Performing notarial acts before taking oath of office | Acting before being sworn in |
Class 1 Misdemeanor Violations
A notary commits a Class 1 misdemeanor if the notary:
| Violation | What It Means |
|---|---|
| Takes acknowledgment without principal appearing | Remote signing without authorization |
| Administers oath without principal appearing | Oath given to absent person |
| Takes verification without subscribing witness appearing | Witness not present |
| Takes acknowledgment without personal knowledge/ID | Failed to verify identity |
| Administers oath without personal knowledge/ID | Failed to verify identity |
| Takes verification without personal knowledge/ID of witness | Failed to verify witness identity |
Class I Felony Violations
The most serious violations are Class I felonies:
| Violation | Description |
|---|---|
| Taking acknowledgment/verification/oath knowing it is false or fraudulent | Knowingly false notarization |
| Taking acknowledgment without personal appearance with intent to defraud | Fraudulent intent |
| Administering oath without personal appearance with intent to defraud | Fraudulent intent |
| Taking verification without witness appearing with intent to defraud | Fraudulent intent |
| Performing notarial acts knowing you are not commissioned | Deliberate unauthorized practice |
| Obtaining, using, concealing, defacing, or destroying another's seal or records | Tampering with notary materials |
Comparison of Penalties
| Level | Maximum Jail Time | Maximum Fine | Examples |
|---|---|---|---|
| Infraction | None | Up to $500 | Acting with expired commission |
| Class 1 Misdemeanor | Up to 120 days | Court discretion | Notarizing without personal appearance |
| Class I Felony | 3-12 months | Court discretion | Knowingly false notarization |
Intent Matters
| Without Fraud Intent | With Fraud Intent |
|---|---|
| Class 1 Misdemeanor | Class I Felony |
| Lesser penalties | More severe penalties |
Key Points for the Exam
- Infractions: False claims of notary status, expired commissions
- Class 1 Misdemeanor: No personal appearance, no proper ID
- Class I Felony: Fraud, knowing false notarization
- Intent: Determines severity of penalty
- Felony for non-notaries: Performing notarial acts knowing you're not commissioned
Test Your Knowledge
What is the criminal classification for notarizing without the signer personally appearing?
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Test Your Knowledge
What is the criminal penalty for knowingly notarizing a false document?
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B
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D