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Misconduct/Fees

Government Code section 6203 makes it a misdemeanor for a notary public to knowingly make and deliver a false certificate. What is the special rule regarding the statute of limitations for this offense?

A

Prosecution must begin within two years of the false certificate being recorded

B

There is no statute of limitations because notarial fraud affects real property

C

The standard one-year misdemeanor statute of limitations applies

D

Prosecution must begin within four years after discovery or four years after completion of the offense, whichever is later

Correct Answer

D. Prosecution must begin within four years after discovery or four years after completion of the offense, whichever is later

AI Explanation

Extended four-year statute of limitations under §6203. Section 6203(b) expressly overrides the general limitation period for misdemeanors ('Notwithstanding any other limitation of time described in Section 802 of the Penal Code, or any other provision of law') and establishes a four-year period running from discovery or completion of the offense, whichever is later. This prevents wrongdoers from escaping prosecution simply because the fraud was concealed.

Misconduct/Fees Question #280
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