California Penal Code §115 makes it a felony for any person to knowingly procure or offer any false or forged instrument to be filed, registered, or recorded in any public office in this state. For notaries, this statute is directly relevant when a notarized document bearing a fraudulent or forged notarial certificate is submitted for recording with a county recorder or other government agency.
The crime requires: (1) the instrument is false or forged; (2) the person offering it knows it to be false or forged; and (3) it is offered for filing or recording in a public office.
A notary who executes a false certificate and then helps a client record that document faces exposure under both §115 and Government Code §8214.2 (fraudulent notarization on real property). Both statutes carry felony penalties and may be charged simultaneously.
Exam Tip: §115 appears in scenario-based questions where a client submits a fraudulently notarized deed for recording. The notary who knowingly participated is a principal to the §115 offense, not merely a civil violator. Distinguish this from a notary who was deceived — the knowledge element is what triggers criminal liability.
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