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Misconduct & Prohibited Acts

Which of the following statements is NOT correct?

A

Forgery in the second degree is a class D felony and carries a maximum sentence of 7 years.

B

Issuing a false certificate is a class E felony and carries a maximum sentence of 4 years.

C

Official misconduct is a class A misdemeanor and carries a maximum sentence of 1 year.

D

A person who performs notarial functions before taking and filing the required oath of office commits only a civil offense.

Correct Answer

D. A person who performs notarial functions before taking and filing the required oath of office commits only a civil offense.

AI Explanation

The fourth statement is incorrect. Public Officers Law §15 makes it a misdemeanor to execute the functions of a public office without having taken and duly filed the required oath of office. The tested comparison is Class D felony = up to 7 years, Class E felony = up to 4 years, and Class A misdemeanor = up to 1 year.

Misconduct & Prohibited Acts Question #37
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