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Misconduct & Prohibited Acts

Refusal to administer a lawfully requested oath is best characterized as:

A

Official misconduct, a class A misdemeanor.

B

Forgery in the second degree, a class D felony.

C

Issuing a false certificate, a class E felony.

D

Only a civil violation with no criminal consequence.

Correct Answer

A. Official misconduct, a class A misdemeanor.

Detailed Explanation

A notary can commit misconduct by refusing a required act. In the booklet’s "Notary must officiate on request" note, Penal Law §195.00 is cited for the principle that an officer before whom an oath or affidavit may be taken is bound to administer it when requested, and refusal is a misdemeanor. For contrast, forgery and false-certificate charges require different conduct involving false instruments or false official certificates.

Misconduct & Prohibited Acts Question #132
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