Forgery in the second degree is a class D felony and carries a maximum sentence of 7 years.
Issuing a false certificate is a class E felony and carries a maximum sentence of 4 years.
Official misconduct is a class A misdemeanor and carries a maximum sentence of 1 year.
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.
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