The refusal is only a private civil matter and is not a crime.
The refusal is official misconduct, a class A misdemeanor punishable by up to 1 year.
The refusal is issuing a false certificate, a class E felony punishable by up to 4 years.
The refusal is forgery in the second degree, a class D felony punishable by up to 7 years.
Official source: Notary Public License Law (March 2026)
Reference: Penal Law §195.00; Penal Law §70.15
Source checked September 7, 2026
Correct Answer
B. The refusal is official misconduct, a class A misdemeanor punishable by up to 1 year.
Detailed Explanation
The booklet’s “Notary must officiate on request” note ties an unjustified refusal to administer an oath or take an affidavit to Penal Law §195.00. Official misconduct is a class A misdemeanor, and Penal Law §70.15 states that the maximum sentence for a class A misdemeanor is 1 year. The trap is not to confuse refusal to act with issuing a false certificate or forgery.
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