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Misconduct & Prohibited Acts 2026 Law Update

Regarding New York crime classifications often tested on the notary exam, which statement is NOT correct?

A

Issuing a false certificate is a class E felony.

B

Forgery in the second degree is a class D felony.

C

Official misconduct is a class A misdemeanor.

D

Issuing a false certificate is a class A misdemeanor.

Official source: Notary Public License Law (March 2026)

Reference: Penal Law §175.40

Source checked September 7, 2026 · Answer reviewed September 7, 2026

✓

Correct Answer

D. Issuing a false certificate is a class A misdemeanor.

Detailed Explanation

The three criminal classifications differ and are commonly tested together. Penal Law §175.40 makes issuing a false certificate a class E felony; §170.10 makes forgery in the second degree a class D felony; and §195.00 makes official misconduct a class A misdemeanor. For contrast, class A misdemeanor is the least severe of those three levels.

Misconduct & Prohibited Acts Question #381
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